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

Hint:

Associate Article 143 with the phrase "President asks, Supreme Court advises." This instantly identifies the advisory nature of the jurisdiction.

Answer 1

The Correct Option is C

Step 1: Understand the question.
Under Article 143, the President can ask the Supreme Court for its opinion on important questions of law or fact. We must find what that opinion is treated as.

Step 2: Know what Article 143 is.
Article 143 gives the Supreme Court its advisory jurisdiction. There is no fight between two parties here; the Court simply advises the President on important legal questions.

Step 3: See the features of Article 143.
The President may refer a question of public importance, and the Court may give its opinion after hearing interested parties. The Court may even refuse to answer if it thinks fit.

Step 4: Understand the nature of the opinion.
Because there is no real lawsuit, no decree is passed, no order is issued for execution, and the President is not legally forced to follow it. So the opinion is only advisory.

Step 5: See its practical weight.
Though not strictly binding, such opinions carry great weight because they come from the Supreme Court, and governments usually follow them.

Step 6: Check the options and answer.
It is not enforceable by contempt, it is not an ordinary binding precedent under Article 141, and it is not a decree. The correct view is that it is advisory in nature and not strictly binding.

\[ \boxed{\text{Advisory in nature and not strictly binding}} \]