6.4. Advisory jurisdiction

The Supreme Court has special advisory jurisdiction in matters, which may specifically be referred to it by the President of India – (Article 143). These matters fall in two categories

a. On any question of law or fact of public importance, which has arisen or which is likely to arise.

b. On any dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

In the first case, the Supreme Court may advice or may refuse to tender its advice, while in the second case the Supreme Court must tender its opinion to the president. However, in both the cases opinion of the Supreme Court is not binding upon the President. He may or may not follow the opinion of Supreme Court.

There are provisions for reference or appeal to this Court under article 317(1) (for removal of a member of Public Service Commission) of the Constitution and several other Acts of Parliament as well.