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Question
| The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases. With reference to the Supreme Court, answer the following question: |
Explain the following term:
Advisory Jurisdiction
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Solution
The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India. The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:
- Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
- Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.
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