Advisory Jurisdiction
The advisory jurisdiction of the Supreme Court of India is one of its key functions, allowing the President to seek guidance on issues of public importance or constitutional interpretation. Under this jurisdiction, the Supreme Court may provide opinions to the President, yet it is important to note that the Court is not required to offer advisory opinions and the President is free to accept or reject the advice provided.
This unique feature serves two vital purposes: 1) it aids the government in making informed decisions by providing an expert legal perspective before taking action, potentially preempting legal disputes and unnecessary litigation; and 2) it assists in formulating legislation or administrative actions in a manner that aligns with the constitutional framework.
For instance, should the government be contemplating a new law or amendment that might directly engage constitutional provisions, they may find it prudent to ascertain the courts' stance on related legal principles, minimizing the risk of future constitutional challenges. The courts' ability to review legislation after it has been enacted can lead to significant political and social implications if it were to be declared unconstitutional at a later stage.
In essence, the advisory jurisdiction is intended to streamline governance while ensuring that any actions taken conform to the constitutional mandates provided, reinforcing the judiciary's role in upholding the rule of law.