1.Supreme Court Advisory Jurisdiction (Advisory Jurisdiction)
What & Where
Advisory jurisdiction: President seeks Supreme Court opinion on public-importance questions of law/fact under Constitution of India.
Two routes: Article 143(1) general references; Article 143(2) pre-constitutional treaties, former princely-state covenants.
Heard mandatorily by Constitution Bench (≥5 judges); opinion only advisory, non-binding.
Quick Facts for MCQs
Legal & Policy
- Discretionary power; SC may refuse, providing institutional check on executive overuse.
- Offers President independent legal advice beyond mandatory Council-of-Ministers aid.
- Non-binding opinion preserves separation; Parliament/state not automatically compelled.
Historical Precedents
- Berubari Union 1960 enabled territory transfer to Pakistan via constitutional amendment.
- Cauvery Water Reference 1992 affirmed tribunal award, shaping federal water dispute resolution.
- Kesavananda follow-up 1973 reinforced Basic Structure post original 1973 verdict.
Procedural Specifics
- Reference sent as Presidential order; registered as “Special Reference” before SC.
- Parties, AGI, state counsels invited; Court may appoint amici for wider viewpoints.
- Opinion communicated to President; may be cited as precedent though non-binding.
Key Data Points
| Feature | Data-Point |
|---|---|
| Constitutional article | 143 |
| Nature of opinion | Advisory, non-binding |
| Bench requirement | Constitution Bench, Art 145(3), ≥5 judges |
| SC discretion to answer | Yes |
| President’s latest query | Time-limits for President/Governor assent to Bills |
| Total invocations till 2023 | 14 |
| First use | Delhi Laws Act Reference, 1951 |
| Only declined reference | Ayodhya Acquisition Act, 1993 |
| Case clarifying Collegium | Judges Appointment Reference, 1998 |
| Article 143(2) focus | Pre-1947 treaties & covenants |
Related UPSC Prelims PYQs
Which of the following statements is/are correct about the advisory jurisdiction of the Supreme Court of India?
The Supreme Court of India tenders’ advice to the President on a matter of law or fact







