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).