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 mandatory for the Supreme Court to give advice to the 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 the Supreme Court refused to give its advice?
The Supreme Court is not bound to give its opinion
. Rather, the Supreme Court may decline to give its opinion under Article 143 in cases it does not consider proper or not amenable to such exercise.
Can Indian President overrule Supreme Court?
As per the Article 142 of the Constitution,
it is the duty of the President of India to enforce the decrees of the Supreme Court
and the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of justice.
Why is the advice of the Supreme Court not binding on the President of India?
To conclude, the advisory jurisdiction of the Supreme Court in Article 143 gives the President the power to make references to the SC on any matters but it can’t be called the Jurisdiction of Supreme Court.
The views taken by the Court are not binding on the President and it is not law within Article 141
.
Does the Supreme Court advise the president?
While most of the Senate-related clauses of the Constitution are included in Article I, which creates the legislative branch of the federal government,
it is Article II, section 2 that gives the Senate the exclusive right to provide advice and consent to the president on treaties and nominations
.
Who has the right to give advice to the president?
Article 61, Draft Constitution 1948
(1) There shall be
a Council of ministers with the Prime Minister
at the head to aid and advise the President in the exercise of his functions. (2) The question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court.
How many times does the Supreme Court advice to the President?
The Supreme Court “advises” the President by answering the query put before it. Till date, this mechanism has been put to use only
twelve times
. However, it is pertinent to note that this is not binding on the President, nor is it “law declared by the Supreme Court”, hence not binding on subordinate courts.
What is the Article 124?
Article 124
deals with the Establishment and constitution of the Supreme Court
. It states that there shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
What is the Article 148?
Article 148 –
Comptroller and Auditor-General of India
There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
Does the President have power over Supreme Court?
The Supreme Court of the United States
All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.
Can President order be challenged in Supreme Court?
Answers (1)
Clemency order of the President cannot be challenged
. It is one of the highest constitutional powers. It cannot be claimed as matter of right.
Is Chief Justice higher than President?
Acting president
The president (Discharge of Functions) Act, 1969 of India provides that
the chief justice of India shall act as the president of India in the event of the offices of both the president and the vice president being vacant
.
Who can seek advice from Supreme Court?
According to the article 143 of Indian constitution,
President
may seek the advice of the Supreme court on constitutional as well as other matters of law. The opinion of the Supreme court is advisory which means the President is free to follow it or not to follow it.
Who renders advice to the president on legal matters?
The correct answer is 2 only.
The supreme court of India
tenders advice to the President of India on matters of law or fact if he seeks such advice.
What is Article 142 of the Constitution of India?
Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc
( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be …
What happens if the Supreme Court decides to ignore the Constitution?
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
. However, when the Court interprets a statute, new legislative action can be taken.
Can the Supreme Court be overruled?
Yes, in the sense that they can’t be overturned by another body
. But no, in the sense that the court can overturn or change its own precedent over time, as it did with odious decisions allowing racial segregation or with last month’s reversal of the 1973 decision in Roe v.
Why does the president rarely get challenged by the Court?
Why does the president rarely get challenged by the Court?
The president nominates justices who agree with his approach to executive authority
. Supreme Court justices will sometimes ignore their own political leanings or judicial philosophy if they believe the integrity of the institution is at stake.
What is the Article 77?
Clause (3) of Article 77 (“Conduct of Business of the Government of India “) of the Constitution of India lays down as follows: “(3) The President shall make rules for the more convenient transaction of the business of the Government of India , and for the allocation among Ministers of the said business”.
What is the Article 78?
Article 78 – Constitutional Provisions
Article 78(1) states that
it is the Prime Minister’s job to keep the President up to date on the decisions made by the Council of Ministers in relation to administrative concerns and legislative proposals
.
What is Article No 143?
Power of President to consult Supreme Court
( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to …
When can a President refer a matter to the Supreme Court for its opinion?
Under Article 143 of the Constitution of India the President has the power to seek the opinion of the Supreme court on
any question of law or fact of public importance
.
Can a Supreme Court justice be impeached?
The House can file articles of impeachment for a federal judge with a majority vote, but the Senate must secure a two-thirds majority vote to remove a judge. As a result,
any impeachment effort for a Supreme Court justice would face an uphill battle.
Who can remove the Chief Justice of India?
A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in …
What is the Article 217?
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
Is sedition a crime in India?
Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj. Section 124A forms part of Chapter VI of the Code which deals with offences against the state.
What is the Article 112?
1.1 In terms of Article 112 (1) of the Constitution of India, a statement of estimated receipts and expenditure of the Government of India is presented to the Parliament every year. Article 112(2) provides that the estimate of expenditure embodied in this annual financial Budget, shall show separately.
Who is the highest law officer in India?
Who is India’s 2022 CAG?
Governor of UT of Jammu Kashmir
G. C. Murmu
is the current CAG of India.
Can the Supreme Court overrule an executive order?
Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
How can the Supreme Court check the President?
Is the Supreme Court the most powerful?
The Supreme Court is the most powerful court of law in the United States
. It was authorized by Article III, Section 1 of the Constitution. It says, “the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
Who can challenge election of President?
Authority to try election petitions.
(2) The authority having jurisdiction to try an election petition shall be the Supreme Court. (3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under article 145.
The Supreme Court shall inquire and decide regarding all doubts and disputes arising out of or in connection with the election of a president per Article 71(1) of the constitution.
Is there a court higher than the Supreme Court?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and
the Supreme Court of the United States
, the final level of appeal in the federal system.
