Article 143 – Presidential Reference and Supreme Court’s Advisory Jurisdiction
- vidyarthee2021
- Jul 25
- 2 min read
The Supreme Court has issued notices to the Union and State Governments on a Presidential Reference filed under Article 143, seeking clarity on the powers of the President and Governors in dealing with State bills.
What is Article 143?
Article 143(1): Presidential Reference
Empowers the President of India to seek the Supreme Court's advisory opinion on:
Any question of law or fact
That is of public importance
The reference is made on the advice of the Union Council of Ministers.
The Supreme Court may give its opinion, but the advice is not binding on the President.
Purpose
To prevent constitutional deadlocks
To seek clarity on ambiguous legal or constitutional issues
UPSC-Relevant Points
GS2 – Indian Constitution: Separation of powers, checks and balances
GS2 – Judiciary: Powers of the Supreme Court, Judicial Review
Prelims: Article 143, Advisory Jurisdiction, Role of President
Mains: Constitutional mechanisms for resolving inter-governmental disputes
UPSC Prelims MCQ
Q. With reference to Article 143 of the Indian Constitution, consider the following statements:
The President is bound to act according to the opinion given by the Supreme Court.
The Supreme Court is obligated to give its opinion when a Presidential Reference is made.
Article 143 allows the President to refer questions of law or fact to the Supreme Court for advisory opinion.
Which of the statements given above is/are correct?
A. 1 and 3 only
B. 3 only
C. 1 and 2 only
D. 2 and 3 only
Answer: B. 3 only
Explanation:
Statement 1 is incorrect: The Supreme Court’s opinion under Article 143 is advisory and not binding.
Statement 2 is incorrect: The Supreme Court may provide its opinion, but it is not obligated to.
Statement 3 is correct: Article 143 explicitly provides for such a reference by the President.
UPSC Mains Question (GS2 – Polity)
Q. The advisory jurisdiction under Article 143 serves as a bridge between the executive and the judiciary. Discuss its significance and limitations with suitable examples.
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