Advisory Jurisdiction of Supreme Court Under Article – 143

  • Adv. Pragyata Singh
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  • Adv. Pragyata Singh

    Advocate in India

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Abstract

The Indian Legal System is one of the oldest legal systems in the entire history of the world. It has amended as well as developed over the past few centuries to absorb required changes from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo-Saxon character of the judiciary, which is basically drawn from the British Legal System. India is a land of diversified culture, local customs and various conventions where every citizen have their own right, and others have the duty to respect others right. People of different religions, as well as traditions, are regulated by all the different sets of personal laws in order to relate to family affairs and to maintain peace within each other the legal system plays a very important role our legal system has a clear concept to settle or make such laws in which every citizen is comfortable, so this can never be an issue in India to take advice within or outside the country to make such laws. As our Constitution also derived from the different constitutions of the world, which makes it clear that taking advice and working together is the basis and also our 3 important wings that is Executive, Legislation and Judiciary are working together at the same time they do not interfere in each other’s sphere, but they are free to take advice whenever needed. The system of taking advice can be a choice but can also be the duty that gives the concept of “Advisory Jurisdiction”. Basically, India consists of 3 kinds of jurisdiction i.e., Appellate Jurisdiction, Original Jurisdiction and Advisory Jurisdiction. In this paper, the Advisory Jurisdiction of Supreme Court is widely discussed. The Supreme Court has special Advisory Jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. In our Indian Constitution, Article 143 talks exclusively about Advisory jurisdiction The judicial system is a unique feature of the Indian Constitution. It is an integrated system of courts that administer both state and union laws. The Supreme Court of India is the uppermost part of the Indian legal system. Under this, each state or a group of states consist of High Courts. There are several subordinate courts under these High Courts. Through judicial pronouncements and legislative action, laws are formulated in an appropriate manner.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2492 - 2501

DOI: https://doij.org/10.10000/IJLMH.112783

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