Article 143 of the Costitution of India with Case law
Article 143 of the Constitution of India
Title: Power of President to consult the Supreme Court
🔹 Text of Article 143:
(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, and which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to Article 131, refer to the Supreme Court for opinion any dispute which has arisen, or is likely to arise, between the Government of India and one or more States, or between two or more States, and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion.
📘 Explanation of Article 143:
Article 143 provides advisory jurisdiction to the Supreme Court of India. It empowers the President to seek the opinion of the Court on important questions of law or fact, particularly those of public importance.
Clause (1): Refers to any question of law or fact.
Clause (2): Specifically deals with inter-governmental disputes, i.e., between the Centre and State(s) or among States.
🔸 The Supreme Court’s opinion under Article 143(1) is advisory and not binding.
🔸 However, under Article 143(2), the Court must give its opinion, and it is generally treated with great respect.
⚖️ Important Case Laws on Article 143:
1. In re Berubari Union Case (1960 AIR 845, 1960 SCR 250)
Background: Whether Parliament needed a constitutional amendment to transfer part of Indian territory (Berubari) to Pakistan under the Nehru-Noon Agreement.
Held: Yes, constitutional amendment was necessary.
Significance: One of the first uses of Article 143. The opinion was not binding but followed by the government.
2. In re Kerala Education Bill, 1957 (AIR 1958 SC 956)
Background: President referred the Kerala Education Bill before it was assented to, due to concerns over minority rights under Article 30.
Held: The Supreme Court gave its opinion on the constitutionality of certain provisions.
Significance: Set the precedent for referring bills under Article 143 even before enactment.
3. In re Special Courts Bill, 1978 (AIR 1979 SC 478)
Background: The Special Courts Bill aimed at setting up fast-track courts to try certain political leaders post-Emergency.
Held: Valid, except a few provisions.
Significance: Validated the use of Article 143 in evaluating draft legislation.
4. In re Cauvery Water Disputes Tribunal (1992 Supp (1) SCC 594)
Background: The President sought the Court’s opinion on the binding nature of the Cauvery Tribunal's award.
Held: The award is binding under the Inter-State Water Disputes Act.
Significance: Showcased use of Article 143(2) in inter-governmental disputes.
5. In re Ram Janmabhoomi Case (1994)
Background: President asked whether a temple existed at the disputed site before the Babri Masjid was built.
Held: The Supreme Court declined to answer, saying it would affect pending cases and public sentiments.
Significance: Reinforced the Court’s discretion under Article 143(1) to refuse answering a reference.
✅ Summary Table:
| Feature | Details |
|---|---|
| Article Number | 143 |
| Type | Advisory Jurisdiction |
| Authority to Refer | President of India |
| Binding Nature | Not binding (143(1)), but respected. Mandatory to answer under 143(2) |
| Scope | Questions of law or fact; disputes between Centre and State(s) |
| Examples of Use | Berubari Case, Special Courts Bill, Cauvery Dispute |
📌 Key Takeaways:
Article 143 is a unique provision that allows interaction between the executive (President) and the judiciary (Supreme Court).
The President cannot compel the Court to give an opinion under Clause (1), but must be answered under Clause (2).
It has been used in constitutional, political, and legal matters of high national importance.
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