Home The Constitution Part V Article 143

Art. 143 Part V: The Union

Power of President to Consult Supreme Court

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This Article establishes the Supreme Court's distinctive ADVISORY jurisdiction — the President can refer significant legal or factual questions to the Court for its opinion, even without any actual pending dispute or case, allowing the government to get authoritative legal guidance on genuinely important, novel questions before they become live controversies.

Why This Matters To You

How it shows up in everyday life

This is a genuinely unusual power — most courts only decide actual disputes between parties, but this Article lets the Supreme Court provide an advisory opinion at the President's request, used periodically for major, novel constitutional questions (like questions connected to the Ayodhya dispute, or the Cauvery water dispute) where clarity was urgently needed.

Read alongside this one

Art. 141 — Law Declared by Supreme Court to Be Binding on All Courts

Frequently Asked

Quick answers about Article 143

Is the Supreme Court required to actually answer a Presidential reference under this Article?

No — while the Court generally does engage with such references given their importance, the Article's text ('the Court may... report') indicates this isn't a strictly mandatory obligation; the Court retains some discretion, and has in specific instances declined to answer particular questions referred to it.

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The text above reproduces Article 143 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.