Overview
The Constitution of India has given Advisory power to the Apex Court of India that is the Supreme Court of India to give his suggestion to the President of the nation according to the need of it. Being the Apex Court, it has wide jurisdiction all over the country and it can also rule according to its Jurisdiction.
The President can take the suggestions from the Supreme Court by his own choice in any of the matters related to the Constitutionality of the nation or the violation of the rules and regulations of the Parliament of Country. Including the Supreme Court advisory power, the High Court also has the Advisory power but, in the matters of the state and the government of the states.
History of the Advisory Jurisdiction
In ancient India, the Advisory power was given to theFederal Courtsto advise the Executive in the Question of Law. During that period the provision of the advisory power was given under section 213 (7) of the Government of India Act, 1935. The number of cases at the previous time was very low and the same power was vested in the Supreme Court of India.
The consideration regarding the provision of the Advisory Jurisdiction, that the Supreme Court is bound to obey the order of the President or not is first raised by Shri HV Kamnath in the debate of the constituent Assembly when article 143 was in the form of the article 119 of the Draft Constitution.
Advisory Jurisdiction of High Court
As in the Country the Supreme Court (Apex) has the Advisory Jurisdiction to Advice the President in the Question of Law in the Country. Similarly the High Court of India which is the Apex Court of the States has some power in it to advice the State Government in the case of the internal conflicts and the questions of Law in the States.
The High Court of any state has many lower Courts and their power is vested in the High Court. And all these High Court including the lower Court submerged in the supreme court of India and under article 124 of the Constitution provides the power and Jurisdiction to the High Court of India.
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