Question

The Supreme Court of India tenders legal advice to the President of India when:

• A. The Cabinet recommends it
• B. The Council of Ministers recommends it
• C. President seeks such advice
• D. Supreme Court wants to tender the advice

Hint:

Remember Article 143 by associating it with "Presidential Reference". There are two distinct categories under this article: (1) questions of public importance, where the court *may* choose to give or refuse advice, and (2) disputes arising out of pre-constitution treaties/agreements, where the court *must* deliver its opinion.

Answer 1

The Correct Option is C

Concept: The Constitution of India establishes an advisory jurisdiction for the Supreme Court under Article 143. This power allows the President of India to refer specific questions of law or public importance to the country's highest court for its authoritative opinion. This is an exceptional consultative mechanism designed to clarify legal ambiguities before executive policies or actions are finalized.

Step 1: Analyzing Article 143 of the Indian Constitution.
Article 143 explicitly details the advisory jurisdiction vested in the Supreme Court. According to the text of Article 143(1): > If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. This text explicitly clarifies that the mechanism is initiated solely when the President of India actively seeks such advice.

Step 2: Evaluating the options provided.
Let us systematically evaluate each option against constitutional mandates:

• Option (A) and Option (B): While the President generally acts on the aid and advice of the Council of Ministers (headed by the Prime Minister) under Article 74, the specific procedural trigger to invoke Article 143 is an official reference made by the President's office itself, not a direct recommendation sent from the Cabinet or Council of Ministers to the Supreme Court.

• Option (C): This aligns precisely with Article 143. The Supreme Court cannot volunteer an opinion; the President must formally seek it via a reference.

• Option (D): The Supreme Court lacks suo motu (self-initiated) powers to offer advisory opinions to the executive branch. It can only adjudicate actual legal disputes brought before it or respond to a presidential reference.

Step 3: Characterizing the nature of the advice.
It is critical to note that any advice tendered by the Supreme Court under Article 143 is purely consultative. The advisory opinion is not a judicial decree or binding judgment; consequently, the President is under no constitutional obligation to implement or follow the advice provided.