Article 143 : Presidential Reference
The President of India recently referred 14 questions to the Supreme Court under Article 143.
- A Presidential Reference is a constitutional mechanism under Article 143 of the Indian Constitution, wherein the President of India seeks the advisory opinion of the Supreme Court on important questions of law or fact.
- This power enables the executive to seek judicial clarity on complex constitutional matters without initiating litigation.
- There are two components of Article 143:
- Article 143(1) allows the President to refer any question of law or fact of public importance to the Supreme Court for its advisory opinion.
- Article 143(2) pertains to disputes involving pre-Constitutional treaties and agreements, permitting the President to refer such matters for legal clarification.
- The Supreme Court’s opinion is not binding on the President. It does not carry precedential value but holds strong persuasive authority and is usually followed by the executive and judiciary.
- The provision originates from the Government of India Act, 1935, which empowered the Governor-General to refer legal matters to the Federal Court.
- The President refers to the advice of the Union Council of Ministers. As per Article 145, a minimum 5-judge Bench of the Supreme Court must hear the matter.
- The Supreme Court may choose whether or not to answer the reference. It can refuse to respond if the question is vague, hypothetical, or outside judicial purview.
