Article 143 of constitution of India – Power of President to consult Supreme Court.
Article 143 of constitution of India deals with Power of President to consult Supreme Court.
Original text of Article 143 of constitution of India
(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 2 the proviso to article 131, refer a dispute of the kind mentioned in the 3[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.
Questions related to Article 143 of Constitution of India
Article 143 empowers the President of India to seek the advisory opinion of the Supreme Court on important questions of law or fact that are of public importance or concern under the Constitution of India.
No, the advisory opinion given under Article 143 is not binding. The President may or may not act upon it, although such opinions carry great constitutional value, as explained in Indian Kanoon case discussions.
Article 143(1) allows the President to consult the Court on any important legal issue, while Article 143(2) allows consultation specifically on disputes arising under Article 131—that is, disputes between states or between the Centre and states.
Yes, in the Ram Janmabhoomi-Babri Masjid case (1993) and during the Berubari Union case, the President sought the Court’s advice under Article 143—both of which are detailed on Indian Kanoon and considered milestones in the Articles of Indian Constitution.
Article 143 ensures cooperation between the Executive and Judiciary, allowing the President to get legal clarity on constitutional matters, strengthening the balance of power under the Indian Constitution.
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