Can the President consult the Supreme Court?

Can the President consult the Supreme Court?

The President can seek the opinion of the Supreme Court on any question of law or fact which appears to him to be of such a nature and of such public importance that it is expedient to obtain the Court’s opinion.

Which article President can be consult with the Supreme Court?

Article 143 of
Article 143 of the Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.

When the President consults the Supreme Court is he bound by its advice?

No, The President is not bound to the Supreme Court. When the President consults the Supreme Court, he is not bound by its advice. Article 143 of the Constitution of India clearly shows that If the President consults the Supreme Court, the Court may give its advice to him or may not.

What power does the president have over the courts?

The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges (only seven have actually been removed from office), alter the organization of the federal court system, and amend the Constitution.

What powers of the President require senatorial consent?

[The president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme …

What criteria do presidents use when selecting justices on the Supreme Court?

FAQs – General Information

• FAQs – General Information.
• The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority.
• The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship.

Is Article 143 discretionary power of President?

The Article 143 of Indian Constitution provides power of the President which he may use at his discretion or when he sees fit. The ‘opinion’ provided under this article holds a high persuasive value in inferior courts and administration in general.

When and why does the President consult the 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 that Court for consideration and the Court may.

Why does the President seek the advice of the Supreme Court on any issue of public importance?

Answer:1. decision taken on issues of public importance have long-lasting effect on live of the people. 2. such decision should also be according to the rules of law which treat everyone equally .,since the president is not legal expert he has to seek the advice of the supreme court on any issue of public importance .

What is the advice of the Supreme Court?

Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.

Can president change the decision of Supreme Court?

Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.

Can a president refer a dispute to the Supreme Court?

(2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

How does the Supreme Court of India work?

The Supreme Court of India enjoys an Advisory Jurisdiction. This power has been vested upon the Supreme Court by Article 143 of the Indian Constitution. Article 143 gives power to the President to consult the Supreme Court when there arises a question of law or question of fact.

What does Article 143 of the constitution say about the Supreme Court?

Article 143 of the Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.