Discussion
The Supreme Court’s advisory jurisdiction, under which the President may refer a question of law to it, is provided by
Answer: A
Correct answer: Article 143
Article 143 allows the President to refer to the Supreme Court any question of law or fact of public importance that has arisen or is likely to arise, and to seek the Court’s opinion on it. Two features distinguish it. The opinion is advisory and not binding on the President; and the Court is not obliged to give one, and may decline - as it did in 1993 on the Ayodhya reference. Where the reference concerns a dispute arising out of a pre-Constitution treaty with a princely state, the Court must give its opinion. It has been used sparingly but on significant questions: the Kerala Education Bill in 1958, the Berubari Union in 1960, the Presidential Poll in 1974, the Special Courts Bill in 1978, the Cauvery dispute in 1992, and the 2G spectrum case in 2012. The other articles cover the enforcement of fundamental rights (32), special leave to appeal (136) and the High Courts’ writ jurisdiction (226).
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