Question

Our Judicial system has a Supreme Court at its Apex, followed by the High Court and other subordinate Courts. In the light of this statement, explain the following:

‘Advisory’ and ‘Revisory’ Jurisdiction of the Supreme Court.

Answer 1

Advisory Jurisdiction: The Supreme Court has an advisory jurisdiction on any question of law which is referred to it by the President. It gives its advice under the following circumstances:

(i) If the President feels that any law is of extreme public importance, he can ask for the advice of the Supreme Court. However, such advice is not binding on the President or the Government.
(ii) Disputes which arise out of pre-Constitutional treaties and agreements which are excluded in the original jurisdiction can be referred to the Supreme Court for advisory jurisdiction.

Revisory Jurisdiction: The Supreme Court has the power to review any judgement with a view to undo any erroneous decision given by it. It is important because the Supreme Court is also a court of record and its decisions may be referred by other courts while giving judgements.