Presidential Reference

News: In May 2025, President Droupadi Murmu made a reference to the Supreme Court under Article 143, seeking its opinion on 14 specific legal questions. This followed a recent Supreme Court judgment that prescribed timelines for Governors and the President to act on State legislation, and made such decisions subject to judicial review. Presidential Reference.

About Presidential Reference

• A Presidential Reference is a provision under Article 143 of the Indian Constitution that allows the President of India to refer questions of law or fact of public importance to the Supreme Court for its advisory opinion.
• This mechanism enables the executive to seek legal clarity on complex constitutional or legal matters.
• However, the opinion given by the Supreme Court in such a reference is not binding, although it carries significant persuasive value and is generally followed by both the executive and the judiciary.
• The advisory jurisdiction of the Supreme Court under Article 143 has its origins in the Government of India Act, 1935, which permitted the Governor-General to refer legal questions to the Federal Court.
• Nature of the Supreme Court’s Opinion: The opinion rendered by the Supreme Court on a Presidential Reference is not legally binding on the President. It also does not have precedential value for future judicial decisions. However, the opinion usually has strong persuasive authority and is often followed by the government and the courts.
• The Supreme Court is not obligated to answer a Presidential Reference. It has the discretion to decline if it finds the question too vague, inappropriate, or beyond its advisory role. For instance, in 1993, the Court declined to answer the Ram Janmabhoomi Reference, citing concerns over the political and religious sensitivity of the matter.

Constitutional Provisions

• Under Article 143(1) of the Indian Constitution, the President may refer to the Supreme Court any question of law or fact that is of public importance.
• Under Article 143(2), the President may also seek the Court’s opinion on disputes related to pre-Constitutional treaties, agreements, or instruments.
• According to Article 145, such matters are required to be heard by a bench consisting of at least five judges of the Supreme Court.