Jharkhand PSC Prelim Exam 2006 Solved Paper

(3) The Constitution (Article 143) authorises the president to seek the opinion of the Supreme Court in the two categories of matters: (a) on any question of law or fact of public importance which has arisen or which is likely to arise. (b) On any dispute arising out of any pre-constitution treaty, agreement, covenant,engagement, sanad or other similar instruments. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president. But, in the second case, the Supreme Court‘must’ tender its opinion to the president. In both the cases,the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the president;he may follow or may not follow the opinion.