Political Science · Indian Polity
Which of the following is/are correct?
- 1. Article 143 provides for the power of the President to consult the Supreme Court
- 2. The opinion of the Supreme Court is not binding upon the President
- 3. The Supreme Court is not bound to give an opinion on the subject referred under Article 143
- 4. The Supreme Court is bound to give advice if a matter is referred to it under the proviso to Article 131
- 5. The Supreme Court is always bound to give an opinion if asked by the President
A1 and 4
B4 and 5
C1, 2, 3 and 4 ✓ Correct
D1, 2 and 4
Correct answer: (C) 1, 2, 3 and 4 — Items 1, 2, 3 and 4 are correct, so the answer is 1, 2, 3 and 4.
Explanation
★Items 1, 2, 3 and 4 are correct, so the answer is 1, 2, 3 and 4.
★Article 143 lets the President seek the advisory opinion of the Supreme Court.
★The opinion given under Article 143 is not binding upon the President.
★On a question of law under Article 143, the Supreme Court is not bound to give its opinion.
★But if a matter of a federal nature is referred under the proviso to Article 131, the Court must give its advice.
★Item 5 is wrong, because the Court is not always bound to advise merely because the President asks.
★So only the claim that it is always bound to give an opinion is incorrect.
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