UPSC ETHICS UPSC UPSC™ UPSC UPSC UPSC UPSC Upsc Upsc UPSC UPSC UPSC UPSC UPSC UPSC UPSC UPSC UPSC™
UPSC ETHICS UPSC UPSC™ UPSC UPSC UPSC UPSC Upsc Upsc UPSC UPSC UPSC UPSC UPSC UPSC UPSC UPSC UPSC™
May 19, 2025 at 02:28 PM
🔆 Article 143 – Presidential Reference to Supreme Court 📍 Constitutional Provision (Article 143) ✅ Empowers the President to refer questions of law or matters of public importance to the Supreme Court for advisory opinion ✅ Continuation from Government of India Act, 1935 ✅ Supreme Court’s opinion under Article 143 is advisory and not binding 📍 Historical Context ✅ Advisory jurisdiction borrowed from colonial administration ✅ Similar provisions exist in Canada, but not in the U.S. due to separation of powers 📍 Nature and Scope of Presidential Reference ✅ President may refer any question of law or fact of public importance ✅ Reference heard by bench of at least five judges (Article 145) ✅ Supreme Court’s opinion is not obligatory, non-binding, and holds no precedential value ✅ Only one refusal in 1993 (Ram Janmabhoomi case) 📍 Notable Past References ✅ Since 1950, about fifteen references made ✅ Examples: ▪ 1951: Delhi Laws Act – contours of delegated legislation ▪ 1958: Kerala Education Bill – harmonious construction of Fundamental Rights and DPSPs ▪ 1960: Berubari case – territory ceding requires constitutional amendment ▪ 1965: Keshav Singh case – legislature powers and privileges ▪ 1974: Presidential poll case – elections despite vacancies in electoral college 📍 Current Reference Context ✅ Related to Supreme Court judgment on timelines for Governors and President acting on State Bills ✅ Raised 14 questions about Articles 200 and 201 ✅ Key issues: ▪ Courts’ authority to prescribe timelines not in Constitution ▪ Justiciability of Governor/President actions before Bill enactment ▪ Extent of Court powers under Article 142 📍 Legal and Federal Significance ✅ Highlights tensions between Union and opposition-led State governments ✅ Supreme Court adopted Home Ministry’s timelines for President in judgment ✅ Authoritative opinion expected to clarify constitutional provisions crucial for democracy and federalism #ethics
👍 1

Comments