Why in the News?
The Tamil Nadu CM has criticised the Presidential Reference under Article 143 as a “desperate attempt” to weaken State powers, following a Supreme Court ruling that set timelines for Governors and the President to act on State Bills.
Recent Invocation:
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What is Article 143 of the Indian Constitution?
- Article 143 empowers the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact that is-
- of public importance
- Likely to arise or has already arisen
- This provision defines the Supreme Court’s advisory jurisdiction, exclusive to the President.
- Sub-clauses and Legal Operation:
- Article 143(1): The President may refer any matter to the Supreme Court for its opinion. In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president.
- Article 143(2): Allows the President to refer disputes arising from pre-Constitution agreements, including state-related matters, for the Supreme Court’s opinion. The Supreme Court must tender its opinion to the President.
- Nature of the Reference: The Supreme Court’s opinion is advisory and NOT legally binding since it is NOT a judicial pronouncement.
- President’s Response: It is NOT binding on the President; he/she may follow or may not follow the opinion. However, it facilitates the government to have an authoritative legal opinion.
- Types of Questions Referred: Article 143(1) allows the President to refer questions of law or fact.
- Legal questions: Constitutional interpretation, rights, and executive powers.
- Factual questions: The 1993 Ram Janmabhoomi-Babri Masjid reference asked whether a temple existed at the disputed site.
- Judicial Interpretation: The Supreme Court has clarified that Article 143 is broad in scope and not limited to questions that have arisen; potential or likely questions can also be referred.
Executive’s Control of Presidential Reference:
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| [UPSC 2010] Consider the following statements:
The Supreme Court of India tenders’ advice to the President of India on matters of law or fact 1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice. 3. only if the matters relate to the Fundamental Rights of the citizens. Which of the statements given above is/are correct? Options: (a) 1 only (b) 2 only * (c) 3 only (d) 1 and 2 only |
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