Under which Article can the President seek the opinion of the Supreme Court on a question of law or fact?

Article 143 gives the President the power to consult the Supreme Court. This is known as the advisory jurisdiction of the Supreme Court. The President can refer two kinds of matters:

Under Article 143(1), any question of law or fact of public importance that has arisen or is likely to arise. In this case, the Supreme Court may give or may refuse to give its opinion.

Under Article 143(2), any dispute arising out of a pre-constitution treaty, agreement, covenant, engagement or similar instrument. In this case, the Supreme Court must give its opinion.

The opinion given by the Supreme Court is only advisory, not binding on the President. However, it carries great weight and is usually followed. The reference is heard by a bench of at least five judges (Article 145(3)).

Some important presidential references:

• The Delhi Laws Act case (1951).
• The Kerala Education Bill (1958).
• The Berubari Union case (1960), on transferring territory to Pakistan, which needed a constitutional amendment.
• The Keshav Singh case (1964), on the privileges of legislatures.
• The Presidential election reference (1974).
• The Special Courts Bill (1978).
• The Cauvery Water Disputes Tribunal (1992).
• The Ram Janmabhoomi reference (1993), which the Court declined to answer.
• The Third Judges Case (1998), on the collegium system for appointing judges.
• The Gujarat Assembly elections (2002).
• The reference on timelines for Governors and the President to act on state bills (2025).

Other jurisdictions of the Supreme Court:

• Original jurisdiction (Article 131): disputes between the Centre and states, or between states.
• Writ jurisdiction (Article 32): enforcement of Fundamental Rights.
• Appellate jurisdiction (Articles 132-136): appeals from High Courts, including special leave petitions (Article 136).
• Review (Article 137) and binding precedent (Article 141).

Why not the other options?

• ✗Article 141 makes the law declared by the Supreme Court binding on all courts.
• ✗Article 137 allows the Supreme Court to review its own judgments.
• ✗Article 32 deals with the right to constitutional remedies.