According to article 143 of the Indian Constitution,
the Apex Court of India ‘Supreme Court’ have Advisory power. And in the matters that will be referred by the President, the
Supreme Court will suggest the President as per the Constitutional validity.
Article 143 of the Constitution
In this article, it is clearly mentioned that the President can consult the Supreme Court. Adding to this article it further explains the matters that may depend on the
base of Law or the Constitutionality of the constitution, and it will seem fit to send it to the
Law body for a concern. The Supreme Court will have a hearing over this matter and will give their opinion as a suggestion to the Supreme Court of India. But the
Important fact is that the President is not bound to follow that suggestion.
In subsection 2 of this article explains the matters in which the President will send for the suggestion. It said that as per the given article 131
the matters which will inculcate the dispute between the two governments – state to state government or the central to state government, and one government to many other governments. Also, any other
matters related to the Law or functioning of the Law.
Case Law
In this case, the Advisory jurisdiction was used by the Supreme Court and in the Historian
matter of Babri case, a team of five-member judges was constituted to give the decision over the matter. The question in this matter was whether the temple or the Masjid was present in that place. As it was looking as the contrast between two religions and it was a case of Constitution challenging he used this jurisdiction of
article 143 of Indian constitution.
