GS2 · 10 marks · 150 words

Article 143 of the Constitution confers advisory jurisdiction upon the Supreme Court through a presidential reference mechanism. Examine the significance and scope of the Supreme Court's advisory jurisdiction under this provision.

Answered by 3 toppers · CSE 2023–2025

JudiciaryConstitution and Basic StructureExecutive

Syllabus: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

How toppers approached it

From all 3 answers · about 190 words.

Opening

  • A date or context3 of 3

Body

  • Points3 of 3

Close

  • A summary3 of 3

The toppers’ answers

Pakshal SecretryAIR 8 · CSE 2025 · 148 wordsTheir whole copy

Opening · a recent event

Recently, President of India invoked Article 143 (advisory jurisdiction) to ask opinion of court on time limit on President and other issues.

Body · points

Significance

  1. Helps in knowing clear position of law. Eg Recent reference
  2. Resolve ambiguity in provision
  3. Reaffirms Supreme Court's role as final interpreter of constitution. Eg Reference on PEPSU Bill
  4. Harmonising Judicial-Executive relation → prevents dead-lock over issues
  5. Helps in resolving dispute arising out of pre-constitutional treaties

Scope of Jurisdiction

  1. Opinion only on two types of issue → Presidential reference → Pre-constitutional treaty dispute
  2. Supreme court can decline giving opinion. Eg Ayodha Dispute
  3. It is only opinion and not a binding judgement
  4. Can not be used to seek review of existing judgement
  5. Only constitutional bench (5 Judges minimum) can give opinion

Close · a summary

The recent reference will also help in understanding court's position on Article 143 scope.

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