{"id":337376,"date":"2025-05-19T18:37:18","date_gmt":"2025-05-19T13:07:18","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=337376"},"modified":"2025-05-19T18:37:18","modified_gmt":"2025-05-19T13:07:18","slug":"presidential-reference-under-article-143-an-instrument-of-constitutional-dialogue","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/presidential-reference-under-article-143-an-instrument-of-constitutional-dialogue\/","title":{"rendered":"Presidential Reference under Article 143: An Instrument of Constitutional Dialogue"},"content":{"rendered":"

The Indian Constitution is not merely a legal document but a <\/span>living framework for governance<\/b>, evolving through judicial pronouncements and legislative responses. According to the <\/span>Law Commission of India (Report No. 272),<\/b> India has seen <\/span>the judiciary emerge as a co-equal branch of governance<\/b>, particularly in interpreting <\/span>ambiguous constitutional provisions.<\/b> One unique feature of India\u2019s constitutional system is <\/span>Article 143<\/b>, which empowers the President to seek the <\/span>Supreme Court\u2019s advisory opinion<\/b> on questions of law or fact of public importance. Justice Fali S. Nariman has often stressed that such mechanisms reflect <\/span>\u201cmature constitutional statesmanship.\u201d<\/b><\/p>\n\n\n\n\n
Table of Content\u00a0<\/strong><\/td>\n<\/tr>\n
What is the Issue?<\/a>
\nWhat is The Concept of Presidential Reference under Article 143?<\/a>
\nWhat are the Comparative Perspective and Other Nations\u2019 Mechanisms?<\/a>
\nWhat is the Significance and Importance of Article 143?<\/a>
\nWhat are the Challenges in the Use of Article 143?<\/a>
\nWhat can be the way forward?<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What is the Issue?<\/b><\/span><\/h2>\n

As of May 2025, <\/span>President Droupadi Murmu<\/b> invoked Article 143 to refer questions concerning <\/span>Articles 200 and 201<\/b> regarding the powers of the Governor and President in assenting to state legislation. This follows the Supreme Court\u2019s judgment imposing <\/span>timelines<\/b> for action on State Bills, igniting a crucial federal debate. With <\/span>15 Presidential references<\/b> made since 1950, underlining the rare <\/span>and exceptional nature of this constitutional mechanism. <\/b>This provision is pivotal in promoting constitutional clarity without triggering adversarial litigation.<\/span><\/p>\n

<\/a>What is The Concept of Presidential Reference under Article 143?<\/b><\/span><\/h2>\n
    \n
  1. Article 143 of the Indian Constitution<\/b> empowers the President to refer to the <\/span>Supreme Court any<\/b> question of law or fact that is of public importance. This provision stems from <\/span>Section 213 of the Government of India Act, 1935<\/b>, which granted similar powers to the British-appointed Governor-General.<\/span><\/li>\n
  2. Article 143(1) enables <\/b>the President to seek the Court’s opinion on any matter of public importance. <\/span>Article 143(2) relates to matters pending before any court<\/b>, particularly those involving treaties or agreements. Importantly<\/span>, Article 145 mandates<\/b> that a bench of at least five judges should hear such references.<\/span><\/li>\n
  3. While the opinion given under <\/span>Article 143 is not binding on the President or other courts,<\/b> it holds immense persuasive value. As <\/span>Justice V.R. Krishna Iyer observed,<\/b> such references <\/span>offer \u201ca solemn judicial discourse on national questions.\u201d Notable examples include:<\/b><\/li>\n<\/ol>\n