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Mohit Attri (lawyer)     25 June 2009

sc is bound to give advise to presedent in article 143???

a advice can be asked by the president from the sc undr article 143. is sc bound for advice orr sc may refuse???



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 3 Replies

Mohit Attri (lawyer)     25 June 2009

i m sure president is not bound.he may refuse the advise of sc.but sc may refuse to give advice to president or not.orr how many judges required for advice.i think a consitutional bench(5 judge) is required for any advice to president,but today i read a book in which book mentioned that one half of the total strengh of judge is required for any advice to president. what about you.

thanks lci friends

mohit attri

sankalp tyagi (lecturer)     02 September 2009

Hi Mohit

under Art. 143 President canask for reference but Apex court is not bound to give advise as held in Babri Masjid Reference.Apex Court can deny to give advise.under art. 145(3) five judges' bench is required to do so.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

mr taygi is perfect.


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