Examine the scope and significance of the Supreme Court's advisory jurisdiction under Article 143 of the Constitution.
Introduction
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Main Body
Recent judgment on Ayodhya. President power to assent state bill was referred for clarification. Scope of Advisory Jurisdiction: (1) Supreme Court may or may not accept its give judgment for ordinary situation (2) Mandatory for SC to give ruling for pre-constitutional law offences (3) Judgment is advisory not mandatory
Significance: (1) Helps resolve issue of dual interpretation (2) Ensures has chance of litigants down road (3) Establish jurisprudence where vacuum present (4) Helps avoid bureaucratic procedural steps & sealing to SC Scope of re-litigation: ISSUE → Not binding on govt → Judiciary not bound to give judgment Thus art 143 needs to be used upholding constitutional morality
— NEERAJ TRAR · AIR 180
Conclusion
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Diagram
Flow diagram showing Issue → Scope of re-litigation → Not binding on govt → Judiciary not bound to give judgment
NEERAJ TRAR
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Advisory Jurisdiction
136
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Paragraphs
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