Supreme Court’s Advisory Jurisdiction – Article 143

Context:

The President of India has invoked Article 143(1) to seek the Supreme Court’s opinion on whether time limits can be imposed on the President and Governors for deciding on State Legislature Bills. This seeks to address delays in gubernatorial assent, especially in politically sensitive states.

What is Advisory Jurisdiction?

• It empowers the President of India to seek the Supreme Court’s opinion on important legal or factual questions of public significance.
• This process prevents constitutional ambiguities and facilitates non-litigious resolution of issues.
• Key Characteristic: The opinion rendered is advisory and non-binding.

Constitutional Provisions

• Article 143(1): President may refer questions of law or fact of public importance to the Supreme Court.
• Article 143(2): Deals with treaties, agreements, or covenants especially with former princely states.

Key Features

• Discretionary for Supreme Court: SC may accept or decline the reference.
• Advisory in Nature: Not legally enforceable, unlike a court judgment.
• Heard by Constitution Bench: As per Article 145(3), a minimum 5-judge bench hears such references.
• Independent Legal Insight: Offers the President an alternative to Cabinet advice, ensuring objective constitutional interpretation.

Historical Usage of Article 143

Invoked 14 times since 1950 for diverse constitutional and legal clarifications:

Significance of Current Reference (2025):

Could clarify constitutional silence on gubernatorial timelines.

• May establish norms for speedy legislative process.
• Relevant to Centre-State relations and federal governance.
• Could shape future constitutional practices related to legislative assent delays.