Part V: The Union

The Union Judiciary

Article 143: Power of President to consult Supreme Court

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(1) 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 that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

(2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

Explanations

Article 143 of the Indian Constitution enables the President to consult the Supreme Court on matters of substantial public importance, allowing the executive to seek clarity on complex legal or constitutional questions. This provision ensures legal stability and informed decision-making at the highest levels of government.

Clause-by-Clause Explanation

1. Advisory Jurisdiction of the Supreme Court

Under Clause (1), the President has the authority to refer questions of law or fact to the Supreme Court when such matters are of significant public importance. The Supreme Court provides an advisory opinion after conducting any necessary hearings. Although the Court’s opinion is advisory and not binding, it carries immense weight due to the Court’s position as the highest judicial body in India.

For example, in 1973, the President referred the constitutionality of the Keshavananda Bharati judgment to the Supreme Court. This referral helped define the limits of constitutional amendments, impacting Indian constitutional law.

2. Disputes Pertaining to Article 131

Clause (2) pertains to the original jurisdiction of the Supreme Court in disputes between the Union and States or between states themselves, as mentioned in Article 131. The President may refer such disputes to the Supreme Court for advisory opinions, reinforcing India’s federal structure by resolving inter-state conflicts through judicial interpretation.

For example, in the Cauvery River Water Dispute, the President referred questions about water-sharing agreements to the Supreme Court. The Court's advisory opinion helped facilitate negotiations between the states involved.

Amendments to Article 143

The Constitution (Seventh Amendment) Act, 1956, simplified the President's referral process for disputes involving inter-state or federal matters by omitting the reference to "clause (i)" of Article 131. Additionally, the term "said clause" was replaced with "said proviso," clarifying the President’s power to seek the Court's opinion in disputes between the states.

Real-Life Examples

• In 2012, the President referred the 2G spectrum allocation case to the Supreme Court to determine the constitutional validity of the government’s auction method for allocating natural resources. The Court’s opinion helped establish guidelines for future resource allocations.
• In 1993, the President referred questions regarding the Ayodhya Dispute to the Supreme Court, highlighting Article 143’s use in politically sensitive issues. Though the Court declined to answer on religious matters, the referral showcased the Article’s role in addressing public controversies.

Historical Significance

Article 143 reflects the framers' intent to foster collaboration between the executive and judiciary. By enabling the President to seek guidance from the Supreme Court, it upholds the principle of constitutionalism and ensures that public interest matters receive careful judicial scrutiny. Over the decades, it has addressed pivotal constitutional issues and shaped India's legal framework.

References

• Keshavananda Bharati case, 1973
• Berubari Union case, 1964
• Cauvery River Water Dispute
• 2G Spectrum Allocation Case, 2012
• Ayodhya Dispute Case, 1993

Legislative History

Article 143 of the Indian Constitution, initially formulated and deliberated as Article 119 of the Draft Constitution, was officially incorporated into the Indian Constitution on May 27, 1949.

Debates and Amendments

In the discussions, Shri H. V. Kamath raised an amendment, questioning whether the Supreme Court was obligated to provide its opinion once a matter was referred by the President. Dr. B. R. Ambedkar clarified that the Supreme Court was not bound to do so, leading Shri Kamath to withdraw his amendment. As a result, Article 143 was adopted without changes.