Presidential References and Advisory Jurisdiction (Art. 143)

Presidential References and Advisory Jurisdiction (Art. 143)

Context: 

  • The Supreme Court recently delivered an Advisory Opinion in response to a Presidential Reference. 

  • The Reference sought clarity on constitutional questions regarding the timelines and options available to Governors and the President when dealing with Bills passed by State Legislatures. 

  • Advisory Jurisdiction (Article 143): 

  • Article 143 of the Constitution empowers the President of India to seek the opinion of the Supreme Court on specific matters.  

  • It is a unique provision that formalizes a consultative relationship between the Executive and the Judiciary. 

  • Two Categories of References: 

  • Public Importance:  

  • Matters of law or fact of public importance.  

  • The Supreme Court may refuse to give an opinion in this case. 

  • Pre-Constitution Treaties:  

  • Disputes arising out of pre-constitution treaties, agreements, etc. 

  • The opinion rendered is advisory and not binding on the President. 

  • However, it carries immense moral and persuasive authority and is generally respected by the government. 

  • Significance: 

  • The mechanism facilitates institutional dialogue and allows for the pre-emptive clarification of constitutional doubts, potentially avoiding future litigation. 

  • Landmark precedents include the Kerala Education Bill (1958) and the Berubari Union case (1960).