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Constitutional Law - II Rough Draft
Constitutional Law - II Rough Draft
PATNA-800001
A rough draft submitted in partial fulfillment of the course for the requirement of the degree BA.LLB
(Hons) for the academic session 2020-2021
SUBMITTED BY-
KUMARI DIKSHA CHANDRA
ROLL-1930
BA.LLB(HONS)
SUBMITTED TO-
Prof. Dr. Anirudh Prasad
Assistant professor
INTRODUCTION
The term jurisdiction is defined as the power of the court to hear the matter. The
constitution of India provides a system where the judiciary is an independent body. Every
state has got its own High Court and The Supreme Court of India is the apex court of the
country. The Supreme Court of India came into existence on 28th January 1950. It replaced
the Federal Court of India and Judicial Committee of the Privy Council which were the apex
court before Supreme Court came into existence.
The Supreme Court of India has Original, Appellate and Advisory Jurisdiction. The Original
Jurisdiction gives the power to the Supreme Court to hear the matters which are concerned
with: Firstly, the dispute between the Government of India and one or more States.
Secondly, if there is a dispute among the states. Thirdly, under Article 32[1] the Supreme
Court has the Jurisdiction to hear in regard to enforcement of the fundamental rights. It can
issue directions, orders or writs. The Supreme Court has the jurisdiction of international
commercial arbitration under Arbitration and Conciliation Act, 1996.
The Supreme Court has appellate jurisdiction over all the courts and tribunals in India. The
Appellate Jurisdiction of the court gives the power to hear the matter under Article 132[2],
133[3] and 134[4] in respect to judgement, order or final decree given by the High Court in
the cases of civil and criminal matter. It also grants Special Leave Petition under Article
136[5] to hear the matter from any judgement, decree, sentence or passed by any Court or
Tribunal in India.
Under Article 143[6] the Supreme Court if India has got the Advisory Jurisdiction under
which it may advise the President of India on the matters which are related to the public
importance. The Supreme Court is not bound to give the advice, but it may hear the matter
then act accordingly.
The Parliament can delegate its legislative power to any extent subject to the
condition or limitation that it must not efface itself or abdicate its powers.
The Parliament could not delegate to another agency its ‘essential’ legislative
function, which implied policy formulation and enactment of policy it into a binding
rule of conduct.
Research Question
1. Where is the concept of advisory jurisdiction sourced from ?
2. Is the supreme court bound to give its advice ?
3. Is the president bound to follow the advice given by the supreme court ?
Hypothesis
1. The Advisory jurisdiction of the Supreme Court in Constitution of India is sourced
from the Government of India Act, 1935.
2. The President may seek the opinion of the Supreme Court on any question of law
or fact of public importance on which he thinks it expedient to obtain such an
opinion
3. The advisory opinion has played a significant role in deciding the important issue by
the court and it has created a channel between the Executive and Judiciary
Research methodology
The researcher will be relying on Doctrinal method of research to complete the project.
Sources of data:
The researcher will be relying on secondary sources to complete the project.
The researcher has monetary and time limitations in completing the project. Further
emphasis will be given to work on the “Advisory jurisdiction of supreme court”.
Tentative Chapterisation:
Bibliography
The researcher has consulted following sources to complete the rough proposal:
Books:
1. http://www.legalserviceindia.com/legal/article-2043-advisory-jurisdiction.html
2. https://byjus.com/free-ias-prep/advisory-jurisdiction-of-the-supreme-court/
3. https://www.cafalawblog.com/case-summaries/subject-matter-jurisdiction-can-be-
challenged-at-any-time-and-it-is-not-subject-to-the-thirty-day-time-limit-required-by-28-u-s-
c-%C2%A7-1447c