President May Seek Supreme Court’s Opinion under Article 143 – Chinmaya IAS Academy

Context:

The President of India can seek the opinion of the Supreme Court on important questions of law or fact through a mechanism known as a Presidential Reference.
This provision is used when issues of constitutional interpretation, Centre–State relations, federal disputes, or matters of national importance require judicial clarity.
It reflects India’s system of checks and balances while ensuring legal certainty in governance.

Key Highlights:

Constitutional Provision (Article 143):
- Article 143 empowers the President to refer a matter to the Supreme Court for its advisory opinion.
- This is known as the Advisory Jurisdiction of the Supreme Court.
Types of References under Article 143:
- Article 143(1):
  - President may refer any question of law or fact of public importance.
  - Supreme Court may give its opinion (discretionary).
- Article 143(2):
  - Matters arising out of pre-Constitution treaties and agreements.
  - Supreme Court must give its opinion (mandatory).
Nature of Supreme Court Opinion:
- Advisory opinion is not binding like a normal judgment.
- However, it carries high persuasive and constitutional value.
- The President is not legally bound to accept it, but generally follows it.
Significance of Presidential Reference:
- Helps avoid constitutional deadlocks.
- Provides legal guidance to executive and legislature.
- Strengthens constitutional governance.

Relevant Prelims Points:

Issue & Background:
- India’s Constitution provides a special mechanism for executive to seek judicial advice on complex constitutional matters.
Key Facts about Article 143:
- Advisory jurisdiction is borrowed from the Government of India Act, 1935
- Supreme Court can refuse to answer under Article 143(1).
- Opinion is delivered in open court like a judgment.
Examples of Presidential References:
- Berubari Union Case (1960): Cession of territory to Pakistan.
- Kesavananda Bharati (1973) indirectly shaped constitutional doctrine.
- Special Courts Bill (1978).
- Ayodhya Reference (1994).
- 2G Spectrum Case Reference (2012).
Benefits / Importance:
- Clarifies constitutional ambiguity.
- Prevents litigation and policy paralysis.
- Strengthens judicial role as interpreter of Constitution.
Challenges / Concerns:
- May be misused for political purposes.
- Advisory opinions are not enforceable.
- Risk of judiciary entering policy domain.
Impact:
- Reinforces constitutional supremacy.
- Promotes stability in Centre–State relations and governance.

Relevant Mains Points:

Core Concept / Static Linkage:
- Doctrine of Separation of Powers with coordination.
- Supreme Court as guardian of Constitution.
- Advisory jurisdiction as constitutional mechanism to maintain stability.
Constitutional / Legal Provisions:
- Article 143 – Advisory Jurisdiction.
- Related provisions:
  - Article 32 (writ jurisdiction)
  - Article 136 (special leave appeal)
  - Article 131 (original jurisdiction in Centre–State disputes)
Governance & Federalism Linkages:
- Useful in matters involving:
  - federal disputes
  - constitutional interpretation
  - electoral laws
  - legislative competence issues
- Provides legal certainty for policy-making.
Keywords for Answer Writing:
- Advisory Jurisdiction
- Presidential Reference
- Constitutional Interpretation
- Checks and Balances
- Judicial Review
- Separation of Powers
Way Forward:
- Use Article 143 sparingly for genuine constitutional clarity.
- Ensure references are not politically motivated.
- Strengthen institutional respect for judicial opinions.

UPSC Relevance (GS-wise):