Can Supreme Court refuse to give advice to President?
The supreme court may give or refuse to give it’s opinion in the first case whereas it must give its advisory opinion in the second case. The advice so given is not binding on the President.
Under which jurisdiction Supreme Court can give advice to the president?
Under which article of the Indian Constitution the Supreme Court has advisory jurisdiction? Ans. Article 143 of the Indian Constitution empowered the Supreme Court with advisory jurisdiction. As per this, even the President can seek Supreme Court’s advice over any issue of law or public importance.
Why does the Supreme Court not give advisory opinions?
A court’s nonbinding interpretation of law. It states the opinion of a court upon a legal question submitted by a legislature, government official, or another court. Federal courts cannot issue advisory opinions because of the Constitution’s case-or-controversy requirement.
When can President refer the matter to the Supreme Court for its opinion *?
Under Article 143 of the Constitution of India the President has the power to seek the opinion of the Supreme court on any question of law or fact of public importance.
What is the advisory power of Supreme Court?
Article 143 of the Indian Constitution empowers the Supreme Court with advisory jurisdiction. This allows the President to seek an opinion of the Supreme Court on any issue of law or matter of public importance on which he deems it urgent to take such an opinion.
What is Article No 124 is related with?
Constitution of India. Establishment and constitution of Supreme Court. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
What is Article 74 1 of the Constitution?
Amendments. Before the 42nd amendment, Article 74(1) stated that, “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”. But if the Council of Ministers sends the same advice again to the President then the President must accept it.
What is the Article 360?
360. Provisions as to financial emergency. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
What is the minimum age for vice president?
As in the case of the President, in order to be qualified to be elected as Vice President, a person must: Be a citizen of India. Have completed more than 35 years of age.