Question

Under Article 143 of the Constitution of India, the President may seek the opinion of the Supreme Court on questions of law or fact of public importance. The opinion rendered by the Court in such a reference is generally regarded as:

• A. Advisory in nature and not strictly binding
• B. Equivalent to a decree of the Court
• C. A binding precedent under Article 141
• D. Enforceable through contempt jurisdiction

Hint:

Article 143 = Advisory Jurisdiction. It's the Court’s way of giving expert legal advice to the President; it's high-level guidance, not a court order or a decree!

Answer 1

The Correct Option is A

Step 1: Understand the article.
Article 143 of the Constitution of India gives the Supreme Court its advisory jurisdiction. This means the President can ask the Court for its opinion on an important question of law or fact.

Step 2: Know what advisory means.
An advisory opinion is given to guide the President and the government. It is not a decision in a fight between two parties, so it does not have the force of a final judgment.

Step 3: See why it is not strictly binding.
Because it comes from a consultation and not from a real dispute, the opinion under Article 143 is treated as advice. It carries great respect and weight, but it is not a binding command in the strict legal sense.

Step 4: Compare with Article 141.
Article 141 makes the law declared by the Supreme Court binding on all courts, but that applies to decisions in actual cases. An advisory opinion does not get the same strictly binding status as a regular judgment.

Step 5: Remove the wrong options.
It is not equal to a decree (option 2), it is not strictly a binding precedent under Article 141 (option 3), and it cannot be enforced through contempt (option 4) because it is only advice.

Step 6: State the answer.
So the opinion is advisory in nature and not strictly binding. \[ \boxed{\text{Advisory in nature and not strictly binding}} \]