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May 19, 2025 at 02:28 PM
🔆 Article 143 – Presidential Reference to Supreme Court
📍 Constitutional Provision (Article 143)
âś… Empowers the President to refer questions of law or matters of public importance to the Supreme Court for advisory opinion
âś… Continuation from Government of India Act, 1935
✅ Supreme Court’s opinion under Article 143 is advisory and not binding
📍 Historical Context
âś… Advisory jurisdiction borrowed from colonial administration
âś… Similar provisions exist in Canada, but not in the U.S. due to separation of powers
📍 Nature and Scope of Presidential Reference
âś… President may refer any question of law or fact of public importance
âś… 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
âś… Only one refusal in 1993 (Ram Janmabhoomi case)
📍 Notable Past References
âś… Since 1950, about fifteen references made
âś… 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
âś… Related to Supreme Court judgment on timelines for Governors and President acting on State Bills
âś… Raised 14 questions about Articles 200 and 201
âś… Key issues:
▪ Courts’ authority to prescribe timelines not in Constitution
â–Ş Justiciability of Governor/President actions before Bill enactment
â–Ş Extent of Court powers under Article 142
📍 Legal and Federal Significance
âś… Highlights tensions between Union and opposition-led State governments
✅ Supreme Court adopted Home Ministry’s timelines for President in judgment
âś… Authoritative opinion expected to clarify constitutional provisions crucial for democracy and federalism
#ethics
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