Consider the following statements regarding the Advisory Jurisdiction of the Supreme Court of India:

Question

Consider the following statements regarding the Advisory Jurisdiction of the Supreme Court of India:

Statement-I: It is not mandatory for the Supreme Court to provide its opinion on a Presidential reference.

Statement-II: The opinion given by the Supreme Court is binding in nature.

Which one of the following is correct in respect of the above statements?

1. A. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
2. B. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
3. C. Statement-I is correct but Statement-II is incorrect (Correct answer)
4. D. Statement-I is incorrect but Statement-II is correct

Correct Answer

Option C — Statement-I is correct but Statement-II is incorrect

Detailed Solution & Explanation

The correct answer is Statement-I is correct but Statement-II is incorrect.

Key Points

• Under Article 143, the Supreme Court may give its opinion on a Presidential reference but is not obligated to — it can decline (Statement I: correct).
• The advisory opinion is NOT binding on the President or any court (Statement II: incorrect).
• Hence Statement I is correct, Statement II is incorrect.