Article 143 of the Constitution of India: Explained
Article 143 of the Constitution of India grants advisory jurisdiction to the Supreme Court, allowing the President to seek the Court’s opinion on questions of law or fact of public importance. This article is a crucial constitutional provision that outlines the process and limits of the Supreme Court’s advisory role.
1. Introduction: Article 143 empowers the President to consult the Supreme Court on questions of law or fact that are of public importance. The President, acting on the advice of the Council of Ministers, may refer such questions to the Supreme Court, and the Court, after due consideration, provides its opinion.
2. Advisory Jurisdiction and President’s Power: The advisory opinion given by the Supreme Court under Article 143 is binding on all courts in India under Article 141. However, the President is not obligated to act in accordance with the opinion, as the term “consult” in Article 143 suggests. The Court cannot verify if the reference is made by the President alone or on the advice of the Council of Ministers due to the constitutional bar in Article 74(2).
3. Presidential Reference: The Supreme Court has the authority to answer or advise the President on a reference made under Article 143(1) if the questions are likely to arise in the future or are of public importance. The Court can decline to answer only in specific cases with valid reasons.
4. Supreme Court’s Discretion: While the Supreme Court must entertain a reference under Article 143(2), it has discretion under clause (1) and may decline to express an opinion on questions submitted to it in proper cases and for good reasons.
5. President’s Obligation: The President is not bound by the advisory opinion of the Supreme Court. The opinion cannot be enforced or executed as it is not a decree or order under Article 142.
6. Advisory and Consultative Jurisdiction: Article 143 confers a specific jurisdiction, the consultative or advisory jurisdiction, on the Supreme Court to give its opinion on questions unconnected to pending cases. The advisory opinion is not binding on the President.
7. Notable References under Article 143(1): Several important references have been made under Article 143(1), including the Delhi Laws case, Kerala Education Bill, Berubari Union, and others.
8. Frequently Asked Questions:
- Q. What is the meaning of Article 143?
- A. Article 143 confers power on the President to consult the Supreme Court and seek its opinion on questions of law or fact of public importance.
- Q. How many times has the President used Article 143?
- A. The President has used Article 143 only twelve times till date.
Conclusion: Article 143 of the Indian Constitution plays a significant role in providing advisory jurisdiction to the Supreme Court, allowing it to offer opinions on questions of public importance. While the Court’s opinion is binding on all courts, the President is not obligated to follow it, and the Court has discretion in entertaining references. This constitutional provision ensures a delicate balance between the executive and judicial branches of the government.
Case Laws and References:
- In re Special Courts Bill, 1978: The Supreme Court opined on the Court’s discretion to answer a reference and the different phraseology in clauses (1) and (2) of Article 143.
- Natural Resources Allocation, In re: The Court emphasized that a reference should not be vague or general and must involve appropriate analysis, understanding, and appreciation of the issue.
- Special Reference No. 1 of 1993 (Ram Janma Bhumi-Babri Masjid): The only reference where a question of fact was referred regarding the existence of a Hindu temple prior to the construction of Ram Janma Bhumi-Babri Masjid.
- Special Reference No. 1 of 2002 (Gujarat Assembly Election Matters): The Court held that the use of the word “doubt” in reference is not required for maintainability.
