Consider the following statements: The Supreme Court of India tenders advice to the President of India on matters of law or fact 1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice. 3. only if the matters relate to the Fundamental Rights of the citizens. Which of the statements given above is/are correct?
- A1 only
- B2 onlyCorrect
- C3
- D1 and 2
Explanation
The correct answer is B because of the provisions under Article 143 of the Constitution of India, which defines the Advisory Jurisdiction of the Supreme Court.
Under this article, the Supreme Court does not have the power to tender advice to the President on its own initiative. It can only do so if the President refers a specific question of law or fact to the court for its opinion. Therefore, statement 1 is incorrect.
Statement 3 is also incorrect because the Presidents power to seek advice is not restricted only to matters relating to Fundamental Rights. He can seek an opinion on any question of law or fact that is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court.
Since the Supreme Court tenders advice only if the President seeks it, only statement 2 is correct.
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