The supreme court may give or refuse to give it's opinion in the first case whereas it must give its advisory opinion in the second case
. The advice so given is not binding on the President.
Is Supreme Court bound to give advice to President?
The supreme court may give or refuse to give it's opinion in the first case whereas it must give its advisory opinion in the second case. The advice so
given is not binding on the President
.
Can Supreme Court refuse to give advice to President?
The supreme court may give or refuse to give it's opinion in the first case whereas it must give its advisory opinion in the second case. The advice so
given is not binding on the President
.
Is it compulsory to accept he advice given by the Supreme Court to the President of India?
The opinion of
the Supreme Court is only advisory and not binding
. The President is free to follow or not to follow. (Keshav Singh's Case, AIR 1965 SC 745). However, even if the opinion given in the exercise of advisory jurisdiction may not be binding, it carries weight and has great persuasive value.
Under which jurisdiction Supreme Court can give the advice to the President?
Ans.
Article 143 of the Indian Constitution
empowered the Supreme Court with advisory jurisdiction. As per this, even the President can seek Supreme Court's advice over any issue of law or public importance.
Who can reverse the Judgement of the Supreme Court?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or
by a new ruling of the Court
.
What does Article 368 say?
368.
Power of Parliament to amend the Constitution and Procedure therefor
: (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Who gives advice to the President of India?
Prime minister/Union cabinet shall aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice as long as not unconstitutional.
Which is the highest court in our country?
The Supreme Court of the United States
is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress.
On what grounds can a Supreme Court judge be removed from office?
The Constitution states that Justices “shall hold their Offices during good Behaviour.” This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Which cases go to the Supreme Court?
The United States Supreme Court is a federal court, meaning in part that it can hear
cases prosecuted by the U.S. government
. (The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution.
Can a Supreme Court Judgement be challenged?
Challenging Erroneous Superior Court Judgments and Orders in the California Courts of Appeal and Supreme Court. Errors by a Superior Court Judge or Jury can be challenged in one of two general ways: By
an Appeal to the Court of Appeal of a Final judgment or Final order of a Superior Court
, as a matter of right.
Can we appeal against Supreme Court Judgement?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or
by a new ruling of the Court
.
Can Supreme Court Judgement reversed?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or
by a new ruling of the Court
.
