Part V - The Union • Article

Article 143 Simplified: Power of the President to consult the Supreme Court

Article 143 is the 'Expert Advice' rule. If the President of India is confused about a complex legal question, they can ask the Supreme Court for its opinion. The Supreme Court then studies the issue and gives its advice. While the President is not forced to follow the advice, it helps the government make sure its decisions are legally correct.

Official Text

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, 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 a dispute of the kind mentioned in the [said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

Simple Meaning

Explain Like Ten

If the President is confused about a hard legal question, they can ask the Supreme Court 'What is the right thing to do?' to make sure they follow the rules.

Student Mode

Advisory Jurisdiction; the President can refer questions of law or fact to the SC for its opinion.

Example

If there is a dispute over an old treaty or a very confusing law, the President uses Article 143 to get a clear 'Legal Opinion' from the SC judges.

Key Takeaway

The President can ask the Supreme Court for legal advice on important issues.

FAQs

Is the SC's advice binding?

No, the President can choose to follow it or not, but usually they do because it's the highest legal opinion.

Has it been used before?

Yes, many times, including on the Delhi Laws Act and during the Ayodhya dispute.

Quiz

Who asks for advice under Art 143?

Answer: President