SSC
The advisory jurisdiction of the Supreme Court of India, under which the President may seek its opinion on questions of law or fact, was borrowed from the constitution of:
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Answer: Option B — Canada
Detailed Solution
The advisory jurisdiction of the Supreme Court of India, under which the President can refer questions of law or fact of public importance to the Court for its opinion, was borrowed from the Constitution of Canada.
The Canadian model:
- In Canada, the federal government can refer important legal questions to the Supreme Court of Canada for its opinion; these are called "reference cases".
- In the USA, on the other hand, the Supreme Court does not give advisory opinions; it decides only actual cases and disputes.
Advisory jurisdiction in India:
- The President can refer to the Supreme Court any question of law or fact which has arisen or is likely to arise, and which is of such a nature and public importance that it is expedient to obtain the Court's opinion.
- In such cases, the Supreme Court may give or refuse to give its opinion.
- The President can also refer disputes arising out of certain pre-Constitution treaties and agreements, and in such cases the Court must give its opinion.
- The opinion of the Court is only advisory; it is not binding on the President.
- The reference is heard by a bench of at least five judges.
Important references:
- The Delhi Laws Act case (1951).
- The Berubari Union case (1960), about the transfer of territory to Pakistan.
- The Cauvery Water Disputes Tribunal case (1991).
- The Ram Janmabhoomi case (1993), in which the Court declined to give its opinion.
- The 2G spectrum (natural resources) reference (2012).
Other jurisdictions of the Supreme Court:
- Original jurisdiction: disputes between the Centre and the States, or between States.
- Writ jurisdiction: for the enforcement of Fundamental Rights.
- Appellate jurisdiction: appeals from the High Courts in civil, criminal and constitutional cases.
Why not the other options?
- ✗The USA, Britain and Ireland were not the source of this provision; the US Supreme Court does not give advisory opinions.
Quick tip
Remember: advisory jurisdiction of the Supreme Court (presidential reference) = borrowed from Canada; opinion not binding on the President.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.