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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

The President refers a question of law of public importance to the Supreme Court for its opinion under Article 143. Which statement is correct?

The opinion under Article 143 is advisory only. It is not a binding judgment or decree, although it has high persuasive value. The Court may also decline to answer in suitable cases, and the reference is not limited to Centre-State disputes.

  1. AThe opinion given is only advisory and is not binding on the President as a decreeCorrect
  2. BThe opinion is a binding judgment enforceable like a decree under Article 141 in every case
  3. CThe Court is bound to answer every reference made to it
  4. DThe reference can be made only for disputes between the Union and States

Explanation

Under Article 143 the Supreme Court gives an advisory opinion, which is not a judgment binding like a decree, though it carries great persuasive weight. The Court may decline to answer a reference in a suitable case, and references are not limited to Centre-State disputes.

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