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Supreme Court’s Ruling on Article 143: The Supreme Court has stated that the President “ought to” seek its opinion under Article 143 of the Indian Constitution when a Governor reserves a bill for the President’s consideration due to perceived unconstitutionality. This stems from the April 8, 2025 judgement.
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Article 143 and Advisory Jurisdiction: Article 143 grants the President the power to seek advisory opinions from the Supreme Court on matters of public importance, particularly on questions of law or fact.
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President’s Role as a Prudent Measure: The Court clarified that while seeking the SC’s opinion is not mandatory, it is a prudent measure, especially for bills reserved on grounds of perceived unconstitutionality. The Court cited recommendations from the Sarkaria and Punchhi Commissions.
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Value of SC’s Opinion: The Supreme Court’s opinion under Article 143 holds high persuasive value and should be accepted by the legislature and the executive.
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Court’s Approach to References: The SC will exercise restraint when evaluating such references and would refuse to express its advisory opinion if questions are purely socio-economic or political in nature, and not related to the constitution.
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Preventing Unconstitutional Bills: The Court believes using Article 143 can help avoid challenges to the bill’s validity, save public resources, and respect the legislature by providing the constitutional functionaries to review the bill, and take appropriate actions.
