UPSC Prelims 2003 · General Studies
Question 11: Polity and Governance
Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court’s opinion on the constitutional validity of the Election Commission’s decision on deferring the Gujarat Assembly elections (in the year 2002)?
AnswerThe answer is (b).
Article 143 lets the President refer a question of law or fact of public importance to the Supreme Court for its advisory opinion. In 2002 the President used it to seek the Court's view on the Election Commission's decision to defer the Gujarat Assembly elections. The opinion is advisory and not binding. Do not confuse it with Article 142, which empowers the Court to do complete justice, or Article 144, which makes authorities act in aid of the Court.
Why each option is right or wrong
- (a) Article 142 lets the Court do complete justice in a pending case; it is not a reference provision.
- (b) Correct: Article 143 gives advisory jurisdiction on a Presidential reference.
- (c) Article 144 requires civil and judicial authorities to act in aid of the Supreme Court.
- (d) Article 145 lets the Court make rules for its practice and procedure.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2003, General Studies. UPSC's own paper isn't online; the words are from a published compilation. The paper on upsc.gov.in.