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May 22, 2025 at 02:11 PM
🔆Presidential Reference
The President of India recently referred 14 questions to the Supreme Court under Article 143.
📍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.
✅Nature of Opinion: 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.
✅Historical origin: 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.

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