Advisory Jurisdiction of Supreme Court: Potentiality of A Hierarchical Perspective of State
Gaurangi Kaushik, The North Cap University, Gurugram.*
While a common phenomenon revolving around the Indian polity symbolizes the unvarying eminence levied onto each organ of the state; Article 143, in its comprehensive apprehension of the Indian Constitution, may suggest otherwise. This research paper, thereby, strives to elucidate on the possibility of a shrouded hierarchical state structure, with respect to the constitution holistically whilst substantially shedding light on a thorough analysis of Article 143. The research paper molds itself into the exploration over the spectrum of submissive and rather pre-dominant organs of the State, supported by textual and linguistic reasoning, relevant case laws and further deciphercations. The paper maneuvers across such prospects whilst simultaneously touching upon constitutional doctrines, prerequisites, and sine qua non principles, before ultimately concluding as to whether the initial hypothesis surrounding the predominance of an organ over the other, stands corrected or intact.
* Third year Law Student, pursuing BBA. LLB (Hons.) from The North Cap University, Gurugram.