Advisory Jurisdiction

Introduction

Advisory jurisdiction is needed when a constitutional body or a lower court seeks the advice of the higher court in the law matter. Advisory opinion means the opinion of the judge of the court. The jurisdiction is made based on a question of law that has been raised by the legislative body or public officials. It has been seen that “Article 143 of the constitution of India” has given advisory jurisdiction to the Supreme Court of India. The main idea of this jurisdiction is that the President can also get help from the Supreme Court for any issue of public importance or law. 

Main body

Advisory jurisdiction of Supreme Court

• The Constitution of India has empowered the supreme court with the ‘advisory jurisdiction’. “Article 143” has described this jurisdiction power and has maintained it in a mannered way. Public importance is the main attraction of this topic and any kind of issue has also been given importance in this field. 
• The advisory shows that the president can also get help from the jurisdictional power or advice of the Supreme Court in the time of any kind of issue. It has been seen that in the time of need of lower courts for any matter the higher authority gives support to the constitutional body. This process has been known as the “Supreme Court advisory jurisdiction”.   

Advisory Functions of Supreme Court

• The Supreme Court has functioned in a better way for giving importance to the public factors. It has been seen that the Supreme Court has given advisory jurisdiction over the fact of public importance or any question of law. It has been referred to by the president. The picture has been seen in the society that any kind of question-related to law has been referred to the Supreme Court. 
• In this field, it has been noticed that the question has been referred to by the president considering the question is related to public importance. The matter is decided based on the necessity of the question if it seeks the opinion of the upper court. 
• This kind of opinion is considered to be the advisory jurisdiction. This opinion is not binding on the government and it also cannot be executed as a judgment of the Supreme Court. In this field, the dispute has arisen out of the treaties of constitution and agreement.       

Advisory judgment

• In the Indian advisory judgment, the president of India can request the Supreme Court to advice on a specific matter. This process is also known as the “Presidential Reference”. It can be seen that if the president of India seems that a problem has arisen about public importance and the advice of the Supreme Court is important in this matter, then he can refer the question to the Supreme Court.
• It is also important to notice that the Supreme Court can answer the question if it seems it is important for the sake of public value.    

The advisory function of the judiciary

• It has been seen that sometimes courts have been given the responsibility of giving advisory opinions to the rulers in any legal matter. An example can be given in this matter to support this statement of judiciary function. The president of India has given the responsibility to the Supreme Court any question of law that is related to public importance. 

•  The main function of it is to provide justice to people and it is the first and foremost function of the judiciary. In the time of need of people, they produce punishment for the guilty ones according to the laws and rights of the people. People seek these laws when they face any kind of loss related to this field.

Conclusion

The present study deals with the advisory jurisdiction of the Supreme Court and the main topic in this assignment is the advisory jurisdiction. In this assignment, the focus has been given on the advisory jurisdiction and it means the importance of the Supreme Court in the time of need. In this field, it has been seen that the president of India can seek the help of the Supreme Court in any question of public importance. It is considered to be an important factor in this study. Therefore the idea can be drawn that the Supreme Court plays a great role in the advisory jurisdiction.