Presidential Reference

Current Context : President Droupadi Murmu has referred 14 legal questions to the Supreme Court of India under Article 143, invoking the constitutional provision for seeking the Court’s advisory opinion on important legal matters.

About the Presidential Reference

• It is a constitutional tool under Article 143 of the Indian Constitution that empowers the President to seek the advisory opinion of the Supreme Court.
• Two-fold Provision of Article 143:
  • Article 143(1): Allows the President to refer any question of law or fact of public importance to the Supreme Court.
  • Article 143(2): Pertains to disputes involving pre-Constitutional treaties or agreements, enabling reference for judicial clarification.
• Nature of the Opinion: The Court’s advice is not binding, but holds strong persuasive value and is generally respected by the executive and judiciary.
• Procedure:
  • The President acts on the advice of the Council of Ministers.
  • As per Article 145, a minimum 5-judge Bench hears the matter.
• Historical Origin: The concept derives from the Government of India Act, 1935, which authorized the Governor-General to refer questions to the Federal Court.
• International Comparisons:
  • Canada: Allows advisory opinions by the Supreme Court.
  • United States: Does not allow advisory opinions due to a strict separation of powers.