Advisory and Revisory Jurisdiction of the Supreme Court
Judiciary (10)Advisory and Revisory Jurisdiction of the Supreme Court.
Answer
The President may obtain the opinion / advice of the Supreme Court on a question of law or fact, which is of public importance. Questions must be specific and not general or vague. The Supreme Court may report its opinion, after such hearing as it thinks fit.
First, the Supreme Court is not bound to express any opinion on the questions submitted to it.
Second, the advisory opinion of the Supreme Court is not binding on the President or on other courts, because it is not a ‘judicial decision’.
The Supreme Court has power to review any judgement pronounced by it. This provision reflects that human judgement is fallible and the Court may rectify something that was misjudged. The Supreme Court cannot allow errors to continue indefinitely. It causes harm or damage to the general welfare of the public.
- Exam Year: 2018