What is the Article 143?
By BYJU'S Exam Prep
Updated on: November 9th, 2023
The Supreme Court has advisory authority under Article 143 of the Constitution. It empowers the president to seek the Supreme Court’s opinion on two types of issues: On any legal issue or fact of public importance that has occurred or is likely to develop. Concerning any pre-constitutional treaty, agreement, covenant, engagement, or other similar instruments.
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Article 143 of the Indian Constitution
The Supreme Court of India has advisory jurisdiction under Article 143 of the Indian Constitution. The President may seek the Supreme Court’s opinion on any point of law or fact of public importance on which he believes it is necessary to receive such an opinion. It is also referred to as consultative jurisdiction.
- When approached by the President, the Supreme Court will hold a hearing on the matter as it sees suitable.
- It may express its thoughts to the President. The opinion is solely advisory, as the phrase “advisory jurisdiction” implies.
- The President is free to proceed or to make a separate choice. Though the opinion expressed in the exercise of advisory jurisdiction is not legally binding, it is highly influential.
- The first time Article 143 of the Indian Constitution was invoked was in the matter of the Delhi Laws, (1951) SCR 747.
- Only twelve such references have been made by the President under Article 143 of the Constitution in nearly sixty years.
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