- The advisory jurisdiction of the Supreme Court of India is a discretionary power vested in the Court by Article 143 of the Constitution of India.
- Under this provision, the President of India can seek the opinion of the Supreme Court on any question of law or fact of public importance.
- The advisory jurisdiction of the Supreme Court is distinct from its original jurisdiction, which is the power to hear and decide cases that are brought before it.
- The advisory jurisdiction is also distinct from its appellate jurisdiction, which is the power to hear appeals from lower courts.
- The advisory jurisdiction of the Supreme Court is a limited jurisdiction.
- The President can only seek an advisory opinion on a question of law or fact that is of public importance. The President cannot seek an advisory opinion on a question that is already pending before a court or tribunal.
- The Supreme Court is not bound to give an advisory opinion. The Court has the discretion to decline to give an opinion if it believes that the question is not of public importance or if it is not a question of law or fact.
The advisory jurisdiction of the Supreme Court has been used on a number of occasions. Some of the most notable cases include:
- The Golaknath case (1967): The Supreme Court was asked to give an advisory opinion on the constitutional validity of the 24th Amendment to the Constitution, which amended Article 368 to make it more difficult to amend the Constitution.
- The Kesavananda Bharati case (1973): The Supreme Court was asked to give an advisory opinion on the basic structure doctrine, which holds that certain features of the Constitution are fundamental and cannot be amended.
- The Minerva Mills case (1980): The Supreme Court was asked to give an advisory opinion on the validity of the 42nd Amendment to the Constitution, which further amended Article 368 to make it even more difficult to amend the Constitution.