The President of India has requested the Supreme Court's advisory powers under Article 143(1)

Concerning the Advisory Jurisdiction of the Supreme Court:

What does Advisory Jurisdiction mean?

Advisory jurisdiction enables the President of India to request the Supreme Court's opinion on matters of law or fact that are significant to the public.

It allows for the interpretation of the constitution without an immediate legal conflict. The provided opinion is not obligatory, in contrast to court decisions.

Constitutional Foundation:

Article 143(1): The President has the authority to submit any issue of law or fact that holds public significance to the Supreme Court.

Article 143(2): Pertains to issues concerning pre-constitutional treaties, agreements, or covenants, particularly in relation to former princely states.

Characteristics:

• Discretionary by Nature: The SC has the option to respond to or reject the reference.
• Non-binding: The opinion given is consultative, not obligatory.
• Bench Strength: According to Article 145(3), these issues must be adjudicated by a Constitution Bench consisting of at least five judges.
• Independent Aid: Provides the President with legal perspectives that are separate from the guidance of the Cabinet.
• Historical Application of Article 143: Called upon 14 times since 1950.

Significant examples encompass:

• Delhi Laws Act Case (1951): Regarding the delegation of legislative authority.
• Berubari Union Case (1960): Regarding the transfer of land to Pakistan.
• Kesavananda Bharati Follow-up (1973): Strengthened the Basic Structure doctrine.
• Judges Appointment Reference (1998): Collegium system defined.
• Cauvery Dispute (1992): Jurisdiction of federal tribunal.
• Ayodhya Site (1993): Nomination rejected due to political sensitivity.