Advisory Jurisdiction of Supreme Court.

'Jurisdiction' generally can be understood as the 'Power of a court to adjudicate cases and issue orders, or the territory within which a court or government agency may properly exercise its power'. However, hitherto, the most adoptive definition in Pakistan's courts is that: 'jurisdiction means the power of a court to administer justice according to the means provided by law and subject to limitations imposed by law'.

Be that as it may, in the constitution of the Islamic Republic of Pakistan, 1973, Part VII titled 'The Judicature' and Articles 175 to 212 deals with the jurisdiction of higher courts: Supreme Court of Pakistan, Federal Shariat Court, and five other High Courts. Ergo, the Supreme Court of Pakistan also has a jurisdiction that is too provided by the law and that is too subject to limitations imposed by the law: the Constitution, 1973.

In the constitution, the honorable Supreme Court of Pakistan has been bestowed with the following main jurisdictions to administer justice: Original Jurisdiction under Article 184; Appellate Jurisdiction under Article 185, and Advisory Jurisdiction under Article 186.

Article 186 provides that: (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

The Indian Supreme also possess akin jurisdiction under its Article 143 of Constitution of India, 1950 and, to best of my knowledge, it has almost decided eleven references: re Delhi Laws Act, 1912 in 1951; re Kerala Education Bill, 1957 in 1958; re Berubari Union and Exchange of enclaves in 1960; re Sea Customs Act, 1878 in 1963; re Keshav Singh in 1965; re Presendial Poll in 1974; re Special Courts Bill, 1978 in 1979; re Cauvery Water Disputes Tribunal in 1993; Special Reference No. 1 of 1993 (deals with Babri Mosque); Special Reference No. 1 of 1998, and Special Reference No. 1 of 2012.

Notwithstanding, the foremost question is: whether the Supreme Court is bound to answer each reference made to it under its advisory jurisdiction? The Supreme Court of India has had the view depending on the nature of the question: It may refuse to answer or to make a report on questions which are purely socio-economic or political questions and which have no relations...