Advisory Jurisdiction Practice Questions
20 free Advisory Jurisdiction practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
The advisory jurisdiction of the Supreme Court is provided under which Article of the Constitution?
- A Article 131
- B Article 136
- C Article 143
- D Article 226
Correct answer: Article 143
Article 143 empowers the President to seek the advisory opinion of the Supreme Court on questions of law or fact of public importance. This is known as advisory jurisdiction.
Who has the authority to seek the advisory opinion of the Supreme Court?
- A Prime Minister
- B Chief Justice of India
- C President of India
- D Parliament
Correct answer: President of India
Only the President of India can refer questions to the Supreme Court under Article 143. The reference must relate to matters of public importance.
The advisory opinion given by the Supreme Court under Article 143 is:
- A Binding on the President
- B Binding on Parliament
- C Not binding but persuasive
- D Automatically enforceable
Correct answer: Not binding but persuasive
The advisory opinion of the Supreme Court is not binding on the President. However, it carries great persuasive authority.
Which type of matters can be referred under Article 143(1)?
- A Only constitutional amendments
- B Only disputes between States
- C Questions of law or fact of public importance
- D Criminal appeals
Correct answer: Questions of law or fact of public importance
Article 143(1) allows the President to refer questions of law or fact that are of public importance. The Court may provide its opinion.
Which of the following is an example of advisory jurisdiction being exercised?
- A Kesavananda Bharati case
- B Berubari Union case
- C Maneka Gandhi case
- D ADM Jabalpur case
Correct answer: Berubari Union case
In the Berubari Union case (1960), the Supreme Court gave its advisory opinion on the transfer of territory to Pakistan. It clarified constitutional requirements.
Under Article 143(2), the President may seek advice regarding:
- A Disputes arising from pre-Constitution treaties
- B Election petitions
- C Impeachment proceedings
- D Criminal cases
Correct answer: Disputes arising from pre-Constitution treaties
Article 143(2) allows reference regarding disputes arising from pre-Constitution treaties and agreements. This clause is rarely invoked.
The Supreme Court may decline to give an advisory opinion if:
- A The matter is trivial or hypothetical
- B The President insists
- C Parliament objects
- D It is a criminal matter
Correct answer: The matter is trivial or hypothetical
The Supreme Court has discretion to decline a reference if the question is vague, hypothetical, or inappropriate. Advisory jurisdiction is not compulsory.
Which case dealt with the advisory opinion on the Ayodhya dispute?
- A Special Reference No. 1 of 1993
- B Golaknath case
- C Minerva Mills case
- D SR Bommai case
Correct answer: Special Reference No. 1 of 1993
In Special Reference No. 1 of 1993, the President sought the Court’s opinion on whether a temple existed at the disputed site. The Court declined to answer.
Advisory jurisdiction differs from original jurisdiction because it:
- A Involves actual disputes
- B Does not involve binding adjudication
- C Requires appeal
- D Applies only to States
Correct answer: Does not involve binding adjudication
Advisory jurisdiction does not involve adjudication of disputes between parties. It provides non-binding legal advice.
Which constitutional principle is reinforced by advisory jurisdiction?
- A Judicial supremacy
- B Cooperative federalism
- C Separation of powers with consultation
- D Parliamentary sovereignty
Correct answer: Separation of powers with consultation
Advisory jurisdiction promotes consultation between the executive and judiciary. It reflects balanced separation of powers.
The advisory opinion is delivered by:
- A Single judge bench
- B Division bench
- C Constitution bench as determined by CJI
- D President
Correct answer: Constitution bench as determined by CJI
Advisory opinions are typically delivered by a Constitution Bench of the Supreme Court. The Chief Justice determines the bench composition.
Which of the following cannot directly invoke advisory jurisdiction?
- A President
- B Union Cabinet
- C Prime Minister
- D State Government
Correct answer: State Government
Only the President can invoke Article 143. State Governments cannot directly seek advisory opinions.
The advisory jurisdiction of the Supreme Court is unique because:
- A It decides criminal appeals
- B It acts as a legal advisor to the executive
- C It overrides Parliament
- D It amends the Constitution
Correct answer: It acts as a legal advisor to the executive
Under Article 143, the Supreme Court acts as a constitutional advisor to the President. This function is distinct from its adjudicatory roles.
Which of the following is true regarding advisory jurisdiction?
- A Opinion must always be given
- B Opinion is binding on all courts
- C Opinion has persuasive value
- D Opinion is subject to appeal
Correct answer: Opinion has persuasive value
The advisory opinion has persuasive value but is not binding. It guides the executive in decision-making.
Which case clarified that advisory opinions are not binding?
- A In re Kerala Education Bill
- B Kesavananda Bharati case
- C Golaknath case
- D Maneka Gandhi case
Correct answer: In re Kerala Education Bill
In re Kerala Education Bill (1958), the Court clarified aspects of advisory jurisdiction. It emphasized that advisory opinions are not binding judgments.
The President may refer a question to the Supreme Court before:
- A Enacting a law
- B Appointing a judge
- C Declaring Emergency
- D Holding elections
Correct answer: Enacting a law
The President may seek advisory opinion on constitutional validity before enacting or implementing significant measures. This helps avoid legal conflicts.
Advisory jurisdiction cannot be exercised in matters relating to:
- A Public importance
- B Hypothetical academic queries
- C Constitutional interpretation
- D International agreements
Correct answer: Hypothetical academic queries
The Court may refuse to answer purely academic or hypothetical questions. Advisory jurisdiction requires real and substantial issues.
Which constitutional body assists the President in deciding to refer a matter under Article 143?
- A Council of Ministers
- B Election Commission
- C Finance Commission
- D Supreme Court Registry
Correct answer: Council of Ministers
The President acts on the aid and advice of the Council of Ministers when making a reference under Article 143.
Advisory jurisdiction primarily strengthens:
- A Executive accountability
- B Judicial review
- C Electoral democracy
- D Local governance
Correct answer: Executive accountability
By seeking judicial opinion, the executive ensures constitutional compliance. This enhances accountability and prevents legal uncertainty.
The advisory jurisdiction of the Supreme Court reflects India’s:
- A Unitary bias
- B Parliamentary democracy with judicial consultation
- C Presidential system
- D Direct democracy
Correct answer: Parliamentary democracy with judicial consultation
Advisory jurisdiction reflects the parliamentary system where the executive may consult the judiciary on constitutional matters. It fosters constitutional governance.