Presidential Reference

Recently President Droupadi Murmu 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.

Global comparisons:

Canada: Allows similar advisory references to the Supreme Court of Canada. 

United States: It does not permit advisory opinions, and it respects the strict separation of powers.

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 mentioned in Article 131, i.e it relates to federal disputes.
• 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.
• Procedure for Reference: The President refers to the advice of the Supreme Court, and as per Article 145, a minimum 5-judge Bench of the Supreme Court must hear the matter.
• The court’s discretion: The Supreme Court may choose whether or not to answer the reference in case article 143(1). It can refuse to respond if the question is vague, hypothetical, or outside judicial purview. However, in case of article 143(2) Supreme Court is bound to advise,but  it is not binding on the President.

PRELIMS PRACTICE QUESTION

Q. Which of the following statements is/are correct regarding the Presidential Reference under Article 143 of the Indian Constitution?

1. It allows the President to seek the Supreme Court’s advisory opinion on matters of public importance.
2. The Supreme Court’s opinion given under this reference is binding on the President.
3. A minimum five-judge bench hears the matter referred under Article 143.
4. The United States Constitution permits similar advisory opinions by its Supreme Court.

A) 1 and 3 only
B) 2 and 4 only
C) 1, 2, and 3 only
D) 1, 3, and 4 only

 Correct Answer: A) 1 and 3 only

Explanation:

• Statement 1  Correct. Article 143(1) empowers the President to seek an advisory opinion on questions of law or fact of public importance.
• Statement 2 is Incorrect. The Supreme Court’s opinion is not binding.
• Statement 3  Correct. A minimum 5-judge bench hears such references.
• Statement 4 is Incorrect. The U.S. does not permit advisory opinions