Q. In which of the following cases has the President made reference to the Supreme Court under Article 143 of the Constitution?
1. Berubari Union case
2. Validity of Speaker’s decision with regard to disqualification under Tenth Schedule
3. Punjab Termination of Agreements Act in 2004
4. Consultation process to be adopted by the Chief Justice of India for the appointment of judges to the Supreme Court
5. 2G spectrum case verdict
Select the correct answer using the code given below:
Exp) Option b is the correct answer.
Article 143 of the Indian Constitution authorises the President to seek the opinion of the Supreme Court.
Option b is correct: The President can seek the opinion of the Supreme Court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments. So far (2019), the President has made fifteen references to the Supreme Court under its advisory jurisdiction (also known as consultative jurisdiction). Some of these cases are: Delhi Laws Act in 1951
Berubari Union in 1960 Keshav Singh’s case relating to the privileges of the Legislature in 1964
Presidential Election in 1974 Cauvery Water Disputes Tribunal in 1992 Rama Janma Bhumi case in 1993 Consultation process to be adopted by the Chief Justice of India in 1998 Constitutional validity of the Election Commission’s decision on deferring the Gujarat Assembly Elections in 2002 Punjab Termination of Agreements Act in 2004 2G spectrum case verdict and the mandatory auctioning of natural resources across all sectors in 2012 There was no reference made by the President to Supreme Court seeking the validity of Speaker’s decision with regards to disqualification under Tenth Schedule.
