To solve this, we need to understand the specific powers and jurisdiction granted to the Supreme Court under the Indian Constitution:
1. Step 1: Understanding Advisory Jurisdiction.
Article 143 of the Indian Constitution deals with the Advisory jurisdiction of the Supreme Court. This provision allows the President of India to refer any question of law or fact of public importance to the Supreme Court for its opinion. The Supreme Court, however, is not bound to give a binding decision but only an advisory one.
2. Step 2: Article 32 vs Article 136.
While Article 32 grants the right to approach the Supreme Court for enforcement of fundamental rights, and Article 136 deals with the Supreme Court’s power to grant special leave to appeal, neither of these deals specifically with advisory jurisdiction.
3. Step 3: Importance of Article 143.
Article 143 specifically empowers the President to refer important legal questions to the Supreme Court for advice. Therefore, it is the correct provision for advisory jurisdiction.
I may here trace the history of the shaping of the Preamble because this would show that the Preamble was in conformity with the Constitution as it was finally accepted. Not only was the Constitution framed in the light of the Preamble but the Preamble was ultimately settled in the light of the Constitution. In the earliest draft the Preamble was something formal and read: "We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution." After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub-committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government. The announcement of June 3 had made it clear that full independence, in the form of Dominion Status, would be conferred on India as from August 15, 1947. After examining the implications of partition the sub-committee thought that the question of making changes in the Objectives Resolution could appropriately be considered only when effect had actually been given to the June 3 Plan. Later on July 12, 1947, the special sub-committee again postponed consideration of the matter. The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao and reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution, subject to some modification on account of the political changes resulting from partition. (327 words) [Extracted with edits and revision from B Shiva Rao's - Framing of India's Constitution]