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The minimum number of the judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be:
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- One half of the total strength of the Supreme Court
- Seven
- Three
- One-third of the total strength of the court
Correct Option: A
Court's advisory jurisdiction may be sought by the President under Article 143 of the Constitution. This procedure is termed as "Presidential Reference" and is recognised as the 'Advisory jurisdiction' of the Court. Under this scheme, President may refer any question of law or fact of public importance. However, it is not binding on the Supreme Court to answer questions raised in the reference. In the last more than sixty years, only a handful of references have been made. The Supreme Court can refuse to provide its advisory opinion if it is satisfied that the questions are either socioeconomic or political in nature. The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be one half of the total strength of the Supreme Court.