Introduction

The Indian Constitution is a comprehensive document that outlines the powers and responsibilities of the various branches of the government. One of the crucial provisions in the Constitution is Article 143, which grants the President of India the power to consult the Supreme Court on important matters of law and public interest. This article serves as a mechanism to seek the Supreme Court's advisory opinion on questions of law and constitutional interpretation.

Understanding Article 143

Article 143 of the Indian Constitution empowers the President to refer any question of law or fact of public importance to the Supreme Court for its opinion. The President can exercise this power either on his own initiative or at the request of the Governor of a state. The opinion rendered by the Supreme Court is not binding on the President or the government, but it carries great weight and is often considered as persuasive.

The provision of Article 143 is unique to the Indian Constitution and is inspired by similar provisions in the constitutions of other countries, such as the United States and Canada. It serves as a mechanism to resolve complex legal issues and ensure the harmonious interpretation and application of the Constitution.

Scope and Purpose of Article 143

The scope of Article 143 is wide-ranging, and it allows the President to seek the Supreme Court's opinion on a variety of matters. These matters may include questions of law, constitutional interpretation, conflicts between the Union and the states, disputes between states, and any other matter of public importance.

The purpose of Article 143 is to provide a mechanism for the President to obtain expert legal advice from the highest judicial authority in the country. The Supreme Court, being an independent and impartial institution, is well-equipped to provide guidance on complex legal issues and ensure the proper interpretation and application of the Constitution.

Procedure for Referring a Question to the Supreme Court

When the President decides to refer a question to the Supreme Court under Article 143, he must follow a prescribed procedure. The President first formulates the question and then refers it to the Supreme Court for its opinion. The question must be of public importance and involve a substantial question of law or fact.

Upon receiving the reference, the Supreme Court examines the question and may invite the Attorney General of India or any other person who may be interested in the matter to present their arguments. The Court then hears the case and delivers its opinion to the President. The opinion is typically in the form of a written document and is signed by the judges who heard the case.

Significance of the Supreme Court's Opinion

While the opinion rendered by the Supreme Court under Article 143 is not binding on the President or the government, it holds significant weight in legal and constitutional matters. The opinion serves as an authoritative interpretation of the law and helps in resolving complex legal issues.

Furthermore, the opinion rendered by the Supreme Court under Article 143 is often considered as persuasive and influential in subsequent legal proceedings. It provides valuable guidance to the courts, the government, and other stakeholders in understanding the legal position on a particular issue.

Landmark Cases under Article 143

Over the years, the Supreme Court has rendered several important opinions under Article 143 that have had far-reaching implications. Some of the notable cases include:

1. Kesavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court examined the validity of the 24th Amendment to the Constitution, which sought to curtail the power of judicial review. The Court, in its landmark opinion, upheld the basic structure doctrine, which holds that certain fundamental features of the Constitution are beyond the amending power of the Parliament.
2. Reference under Article 143(1) of the Constitution (1998): In this case, the Supreme Court was asked to provide its opinion on the question of whether the President could dissolve a state assembly before the expiry of its term. The Court held that the power to dissolve a state assembly can be exercised only in accordance with the provisions of the Constitution and the principles of democratic governance.
3. Reference by the President of India (2015): In this case, the Supreme Court was asked to provide its opinion on the validity of the National Judicial Appointments Commission Act, which sought to alter the process of appointment of judges to the higher judiciary. The Court, in its opinion, declared the Act unconstitutional and reaffirmed the principle of judicial independence.

Conclusion

Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court on matters of law and public importance. This provision serves as a mechanism to seek the Supreme Court's advisory opinion on questions of law and constitutional interpretation. While the opinion rendered by the Supreme Court is not binding, it carries significant weight and helps in resolving complex legal issues. The provision of Article 143 ensures the harmonious interpretation and application of the Constitution, thereby upholding the rule of law in the country.