Advisory Jurisdiction

Beyond Original and Appellate jurisdiction, the Supreme Court also holds Advisory Jurisdiction. This allows the President of India to refer any matter to the Supreme Court for its opinion, provided the matter is either of public importance or involves interpreting the Constitution. Neither side is bound by this exchange: the Supreme Court is not obliged to give its advice, and even where it does, the President is not obliged to accept it.

That may sound like a strange power to have — advice that is optional to give and optional to accept — but its usefulness is two-fold. First, it lets the government obtain a considered legal opinion on a sensitive matter before it acts, which can head off costly litigation later. Second, armed with the Court's advisory opinion, the government can make suitable changes to a proposed action or to draft legislation before it becomes law. …