President Droupadi Murmu has invoked Article 143 of the Constitution. It seek the Supreme Court’s opinion on 14 key legal questions. The questions are about  the roles and powers of the President and Governors. The move follows a recent Supreme Court judgment in the Tamil Nadu Governor case.

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The Supreme Court(SC) of India is the highest court established by Part V, Chapter IV of the Indian Constitution. Articles 124 to 147 of the Constitution deal with the Supreme Court. Powers of the Supreme Court are classified as under: – Original Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction

The SC has special advisory jurisdiction. It relates to matter which may specifically referred to it by the President of India under Article 143.

Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court. In the two categories of matters:

Art 143(1)On any question of law or fact of public importance which has arisen or which is likely to arise.

Art 143(2) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

Sub clause of Art 143(2) uses the word shall. It signifies that whenever a matter excluded from the jurisdiction of SC under Art 131 may referred to the court, it would be binding on the court to give an advisory opinion in the case.

The advisory jurisdiction of the Court invoked through Presidential References, governed by Article 143 of the Constitution.  Under Article 143, the President empowered to refer to the Supreme Court any matter of law or fact.  The opinion of the Court may sought in relation to issues that have arisen or are likely to arise.  A Presidential Reference may made in matters that are of public importance. And where it is expedient to obtain the opinion of the Supreme Court.  The Court may refuse to answer all or any of the queries raised in the Reference. A Presidential Reference thus requires that the opinion of the Court on the issue should not already obtained or decided by the Court.

The only conditions are –

The President should satisfied that a question of law or fact has arisen, or is likely to arise. And that such question is of such nature and of such public importance that it is expedient to obtain the opinion of the court on it.

The Supreme Court can, however, refuse to express its advisory opinion.

If SC satisfied that the questions formulated for its opinion are

A. purely socio-economic or political in nature.

B. Or do not have any constitutional significance.

The Supreme Court can decline to answer a reference under clause 1 of Article 143 owing to the use of the word ‘may’. Secondly, speculative opinions on hypothetical questions need not be provided.Thirdly, the questions referred must be specific and not vague.

The Supreme Court opinion so expressed , under Article 143(1), not considered as law.

 The SC has also noted that the power to give an advisory opinion has been provided only to it and not to the High Courts.

These advisory opinions do not have the force of law.