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. only if he seeks such advice.
3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. 3 only
4. 1 and 2

Explanation

Only statement 2 is correct

• The advisory jurisdiction of the Supreme Court is provided under Article 143 of the Constitution of India. According to this provision, the President may refer any question of law or fact of public importance to the Supreme Court for its opinion. The Supreme Court does not act on its own initiative. It can give advice only when the President formally seeks it. The matters referred are not restricted to Fundamental Rights and may involve any constitutional or legal issue of national importance. The advisory opinion is not legally binding, but it carries significant constitutional authority and has been respected historically.

Answer: (b) 2 only