What is Article 143 of Indian Constitution – Defination & Meaning

Article 143: Power of President to consult Supreme Court (1) If at any time it appears to the President that a question of law or fact has arisen, or is
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

143

part

Part V – The Union

Status

Active

Bare Acts Text

Article 143: Power of President to consult Supreme Court

  • (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
READ ALSO  What is Article 293 of Indian Constitution - Defination & Meaning

Full Definition & Explanation

Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court on questions of law or fact. This provision is particularly aimed at situations that have major public importance, where the President sees the need for expert legal opinion. By allowing the President to seek advice from the Supreme Court, Article 143 helps ensure that the executive branch operates within the legal framework of the Constitution. It effectively connects the highest constitutional authority with the apex judicial authority, promoting a collaborative approach in interpreting the law. This article impacts not just the President but also the functioning of the Supreme Court, as it provides a formal mechanism for the executive to engage judicial insight. The consultation process can be initiated if the President believes that an issue has arisen or is likely to arise, which requires a legal resolution. Importantly, this does not mean that the Supreme Court can dictate to the President; rather, it provides an advisory opinion based on the constitutional and legal aspects of the issue at hand. Such consultations can help prevent potential conflicts and misunderstandings between different branches of government. In practice, Article 143 has been invoked in various instances. For example, it played a role in landmark cases where the President sought the Court’s opinion on complex legal matters. This mechanism helps maintain a balance of power among the branches of government and ensures that matters of public interest are addressed with judicial clarity. By allowing for the referral of disputes, Article 143 enhances the rule of law in India, ensuring that the actions of the President align with constitutional principles.

Historical Context

This provision is particularly aimed at situations that have major public importance, where the President sees the need for expert legal opinion. By allowing the President to seek advice from the Supreme Court, Article 143 helps ensure that the executive branch operates within the legal framework of the Constitution. It effectively connects the highest constitutional authority with the apex judicial authority, promoting a collaborative approach in interpreting the law. This article impacts not just the President but also the functioning of the Supreme Court, as it provides a formal mechanism for the executive to engage judicial insight.

Key Features

– The President can consult the Supreme Court on legal questions.
– Consultations are based on matters of public importance.
– The Supreme Court provides advisory opinions, not binding judgments.
– Disputes can also be referred to the Supreme Court for opinion.
– Article 143 promotes collaboration between the executive and judiciary.

Importance & Impact

– Presidential consultations enhance legal clarity in governance
– The Supreme Court’s opinions can guide executive decisions
– This article reinforces the balance of power in India
– Public interest issues receive judicial scrutiny through this article
– It fosters a cooperative relationship between branches of government

Sample UPSC Question

Consider the following statements about Article 143: 1. The President can refer a question of law or fact to the Supreme Court for an advisory opinion. 2. The Supreme Court’s advisory opinion under Article 143 is legally binding on the government. 3. The Supreme Court may decline to give an advisory opinion under Article 143. 4. Special Reference No. 1 of 1998 concerning the collegium system was a notable Article 143 reference. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2 and 4 only

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 143(1). Statement 2 is wrong — advisory opinions are not binding in the legal sense though they are treated with great authority. Statement 3 is correct — Article 143 says the Supreme Court ‘may’ report its opinion, implying discretion to decline. Statement 4 is correct — the 1998 reference was the Third Judges Case, establishing collegium guidelines.

Key Takeaways

✓ Article 143 allows presidential consultations with the Supreme Court.
✓ The Supreme Court provides advisory opinions, not binding decisions.
✓ It addresses matters of public importance for legal clarity.
✓ This article fosters cooperation between the executive and judiciary.
✓ Presidential referrals help maintain the rule of law in India.

FAQs

Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court on questions of law or fact. This provision is particularly aimed at situations that have major public importance, where the President sees the need for expert legal opinion. By allowing the President to seek advice from the Supreme Court, Article 143 helps ensure that the executive branch operates within the legal framework of the Constitution.

Importantly, this does not mean that the Supreme Court can dictate to the President; rather, it provides an advisory opinion based on the constitutional and legal aspects of the issue at hand. Such consultations can help prevent potential conflicts and misunderstandings between different branches of government. In practice, Article 143 has been invoked in various instances.

For example, it played a role in landmark cases where the President sought the Court’s opinion on complex legal matters. This mechanism helps maintain a balance of power among the branches of government and ensures that matters of public interest are addressed with judicial clarity. By allowing for the referral of disputes, Article 143 enhances the rule of law in India, ensuring that the actions of the President align with constitutional principles.

Related Articles

Picture of Pramod Pal Founder and Editor-in-Chief

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
Scroll to Top