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: Understanding the Concept:
Article 143 constitutes the "Advisory Jurisdiction" of the Supreme Court, allowing the President of India to consult the Court on significant public matters.

Step 2: Detailed Explanation:
- By definition, an "advisory opinion" is meant to guide the executive branch.
- While these opinions hold immense persuasive value and are highly respected by other courts and the government, they are not strictly binding as a judicial decree or a final judgment in a case (though they effectively shape law).
- Because it arises from a consultation and not a contentious dispute between parties, it lacks the formal status of a binding judgment under Article 141, although in practice, it is rarely disregarded.

Step 3: Final Answer:
The opinion is advisory in nature. Option (A) is correct.

Answer 2

Article 143 of the Constitution lets the President seek the Supreme Court's opinion on questions of public importance, and the question asks how that opinion is generally regarded. Each option needs to be tested against the actual legal character of an Article 143 reference.

1. Advisory in nature and not strictly binding: An opinion given under Article 143 arises from a consultation, not from an adversarial dispute between parties, so it functions as guidance for the President and the government rather than as a final, binding adjudication.
2. Equivalent to a decree of the Court: A decree is the formal conclusion of a contested civil suit, resolving rights between named parties, a different exercise altogether from an advisory reference made without any lis between parties.
3. A binding precedent under Article 141: Article 141 binds all courts to the law declared by the Supreme Court in the exercise of its regular adjudicatory jurisdiction over actual cases. An advisory opinion under Article 143 arises outside that adjudicatory framework.
4. Enforceable through contempt jurisdiction: Contempt jurisdiction exists to enforce compliance with binding orders and judgments. Since an Article 143 opinion is advisory rather than a binding command, there is no directive there to enforce through contempt.

Only the description of the opinion as advisory and not strictly binding captures how a reference under Article 143 is actually treated in law.

Therefore, the correct answer is Advisory in nature and not strictly binding.