Actual Article
Article 143: Power of President to consult Supreme Court
- Presidential Reference:
- If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Supreme Court for consideration, and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
- Disputes Arising Out of Pre-Constitution Treaties:
- The President may refer to the Supreme Court for its opinion disputes arising out of any treaty, agreement, covenant, engagement, sanad, or other similar instrument which was entered into or executed before the commencement of this Constitution and which continues to be in operation after such commencement.
UPSC Notes for Article 143
Explanation:
- Presidential Reference:
- The President can seek the Supreme Court’s opinion on questions of law or fact that are of public importance.
- This is known as an advisory jurisdiction and is not binding on the President or the government.
- Treaties and Agreements:
- The President can refer disputes arising out of pre-Constitution treaties, agreements, covenants, engagements, or sanads to the Supreme Court for its opinion.
Key Points:
- Advisory Jurisdiction: The Supreme Court’s opinion under Article 143 is advisory and not binding, allowing the executive to seek judicial guidance on complex legal and constitutional issues.
- Public Importance: Ensures that questions of significant public importance can be referred to the Supreme Court for a considered opinion, promoting legal clarity and stability.
- Historical Continuity: Addresses disputes related to pre-Constitution treaties and agreements, ensuring that historical commitments are interpreted and resolved within the framework of the current Constitution.
Important Cases and Commissions Related to Article 143
Cases:
- Re Berubari Union and Exchange of Enclaves (1960): The Supreme Court’s opinion was sought on the interpretation of an Indo-Pakistan agreement concerning the Berubari Union.
- Special Reference No. 1 of 1998 (Gujarat Assembly Election Case): The Supreme Court’s opinion was sought on issues related to the conduct of elections in Gujarat following the dissolution of the state assembly.
Commissions:
- Law Commission of India: Various reports have discussed the significance and implications of the advisory jurisdiction of the Supreme Court.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to streamline the use of Article 143 to ensure it is effectively used for matters of significant public importance.
Previous Year Prelims Questions Related to Article 143
- (UPSC Prelims 2016) Under Article 143, the President can seek the opinion of the Supreme Court on:
- A. Any question of law or fact
- B. Any dispute between states
- C. Matters related to the election of the President
- D. Any question of public importance Correct Answer: D. Any question of public importance
- (UPSC Prelims 2019) The advisory jurisdiction of the Supreme Court under Article 143 is:
- A. Binding on the President
- B. Not binding on the President
- C. Binding on all courts in India
- D. Limited to constitutional matters Correct Answer: B. Not binding on the President
Previous Year Mains Questions Related to Article 143
- Mains 2016: “Discuss the significance of Article 143 in the context of the advisory jurisdiction of the Supreme Court. How does this provision help in addressing complex legal and constitutional issues?”
- Mains 2019: “Analyze the role of Article 143 in maintaining legal clarity and stability in India. How has the Supreme Court’s advisory jurisdiction been used in resolving questions of public importance?”
Additional Insights:
- Legal Clarity: Article 143 ensures that the executive can seek legal clarity from the Supreme Court on complex issues, promoting informed decision-making.
- Non-Binding Nature: The non-binding nature of the Supreme Court’s advisory opinion ensures flexibility, allowing the government to consider the advice without being compelled to follow it.
- Historical and Contemporary Relevance: The ability to address disputes related to pre-Constitution treaties and agreements highlights the importance of historical continuity and the adaptation of historical commitments within the modern constitutional framework.
Understanding Article 143 is crucial for UPSC aspirants as it outlines the President’s power to seek the Supreme Court’s advisory opinion on significant legal and constitutional matters, ensuring legal clarity and stability. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support effective governance and the resolution of complex legal issues in India.