Who can seek advice from the Supreme Court?
Asked by: Joesph Lynch DDS | Last update: August 18, 2022Score: 4.8/5 (36 votes)
Ans. Article 143 of the Indian Constitution empowered the Supreme Court with advisory jurisdiction. As per this, even the President can seek Supreme Court's advice over any issue of law or public importance.
Can the U.S. Supreme Court provide advice?
Can the U.S. Supreme Court provide advice to the other branches regarding Constitutional interpretation? a- Yes, the process of judicial review includes an advisory role according to the Constitution.
Who has the power of Advice and Consent?
While most of the Senate-related clauses of the Constitution are included in Article I, which creates the legislative branch of the federal government, it is Article II, section 2 that gives the Senate the exclusive right to provide advice and consent to the president on treaties and nominations.
What is the advisory role of the Supreme Court?
The Supreme Court also acts in the advisory role. It has jurisdiction to offer an opinion on any issue of law or matter of public importance as may be referred to it for consideration by the President.
Who must confirm the appointment of a Supreme Court justice?
When the debate ends, the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed. If there is a tie, the Vice President who also presides over the Senate casts the deciding vote.
Term 2 Exam Class 11 Political Science Chapter 6 | Advisory Jurisdiction - Judiciary
Who controls Supreme Court?
Section 1 establishes the Supreme Court of the United States. It gives Congress the power to organize the Supreme Court and to establish lower courts. It also states that justices can serve on the court for as long as they maintain "good Behaviour," and that the justices should be compensated for their service.
Who is in charge of the Supreme Court?
The Honorable John G. Roberts, Jr., is the 17th Chief Justice of the United States, and there have been 103 Associate Justices in the Court's history.
Who can issue an advisory opinion?
advisory opinion, in law, the opinion of a judge, a court, or a law official, such as an attorney general, upon a question of law raised by a public official or legislative body.
Can Supreme Court issue advisory opinions?
The United States Supreme Court has determined that the case or controversy requirement found in Article Three of the United States Constitution prohibits United States federal courts from issuing advisory opinions.
Who among the following has the right to seek the advisory opinion of the Supreme Court of India on any question of law?
Detailed Solution. President has the right to seek an advisory opinion of the Supreme Court on any question of law. Under Article 143, the President may seek the opinion of the Supreme Court on any question of law or fact of public importance.
What is the advice and consent rule?
In the United States, "advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the president of the United States to public positions, including Cabinet secretaries, federal judges, Officers of the Armed Forces, United States attorneys, ...
Who would the president most likely ask for advice?
Who would the president most likely ask for advice about reforming labor practices? A cabinet member.
What's the main power of the Supreme Court?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
Can Supreme Court refuse to provide advice?
The supreme court may give or refuse to give it's opinion in the first case whereas it must give its advisory opinion in the second case. The advice so given is not binding on the President.
Does the Supreme Court gives advice to the President about important matters?
The President signs bills into laws. The Supreme Court gives advice to the President about important matters. Decisions made by the Supreme Court are final, and cannot be overruled. The Executive branch decides if laws agree with the Constitution.
Can a U.S. Supreme Court provide advice to the other branches regarding constitutional interpretation?
Can the U.S. Supreme Court provide advice to the other branches regarding Constitutional interpretation? No, the process of judicial review is limited to specific cases and controversies per the Constitution.
Can High Court give advice to Governor?
Role of the High Court
A similar power vests with High Courts who can advise in case the State government or if there is a reference from the Governor of the State.
Can the President overturn a Supreme Court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Does US Supreme Court have advisory jurisdiction?
The Supreme Court has advisory jurisdiction over matters that have been specifically referred to it by the President of India under Article 143 of the Constitution. There is no specific provision for such an advisory jurisdiction in the Constitution of the United States of America or that of Australia.
Can states seek advisory opinion from ICJ?
States cannot request an advisory opinion from the ICJ directly.
What is a judicial advisory opinion?
An advisory opinion is an interpretation of the law as it applies to a set of facts provided in writing by the individual requesting the opinion. The purpose of an advisory opinion is to provide guidance to an official or employee before the official or employee engages in an action that may be prohibited.
Can a Supreme Court judge be removed?
Supreme Court justices serve for life, unless they resign or are impeached and removed from office. The reason for their lifetime tenure is to enable them to make decisions free from any pressure by the executive or legislative branches of government.
Who is the most famous Supreme Court justice?
John Marshall was the longest serving Chief Justice of the Supreme Court in history. He is widely considered the most influential Supreme Court justice.
Who is the most senior Supreme Court justice?
- Clarence Thomas, since October 23, 1991.
- Stephen Breyer, since August 3, 1994.
- Samuel Alito, since January 31, 2006.
- Sonia Sotomayor, since August 8, 2009.
- Elena Kagan, since August 7, 2010.
- Neil Gorsuch, since April 10, 2017.
- Brett Kavanaugh, since October 6, 2018.
- Amy Coney Barrett,
Who can remove the judge of the Supreme Court?
A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in ...