143 Article of the Indian Constitution empowers the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact of public importance. This provision is aimed at ensuring that complex and significant legal issues can be clarified by the highest judicial authority in the country, thereby guiding the functioning of the government and the administration of justice.
Article 143 provides a mechanism through which the President can obtain legal advice from the Supreme Court. This is particularly useful in situations where there is uncertainty or ambiguity regarding the interpretation of laws or the Constitution.
- Historical Background of 143 Article
- Text of 143 Article
- Purpose and Objectives of 143 Article
- Types of References
- Procedure for Reference of 143 Article
- Landmark Cases and Judgments of 143 Article
- Impact on Judicial Review of 143 Article
- Ecological Impact of Flame of the Forest
- Frequently Asked Question (FAQs)
Historical Background of 143 Article
Origin and Evolution
Origin:
The idea of in search of advisory evaluations from the judiciary has roots in diverse felony structures across the world. It became prompted through the British felony tradition, wherein the King should are seeking for felony recommendation from the judges of the High Court. This exercise aimed toward stopping felony conflicts and making sure easy governance.
In India, the framers of the Constitution followed this provision to preserve a gadget of assessments and balances and to offer a mechanism for the government to are seeking for judicial steerage on critical problems.
Evolution:
143 Article became blanketed withinside the Indian Constitution whilst it became enacted in 1950. Since then, it’s been invoked numerous instances to deal with diverse felony and constitutional questions.
Over the years, the usage of Article 143 has advanced with the converting desires of governance and the complexities of law. It has been used to are seeking for evaluations on problems starting from the constitutionality of sure statutes to questions of nation reorganization and the validity of treaties.
Comparison with Other Constitutions
United States:
In the United States, the Supreme Court does now no longer have an advisory jurisdiction. The courtroom docket simplest offers with real instances. controversies introduced earlier than it, referred to as the precept of judicial review.
Unlike India, wherein the President can are seeking for advisory evaluations, the U.S. gadget calls for a concrete felony dispute for judicial intervention.
United Kingdom:
The UK does now no longer have a written constitution, however the exercise of in search of advisory evaluations is incredibly analogous to the advisory roles performed through felony officials inclusive of the Attorney General. However, the judiciary does now no longer offer advisory evaluations as a proper mechanism.
Instead, the United Kingdom is based on parliamentary sovereignty and the advisory roles of felony advisors to manual government decisions.
Text of 143 Article
Official Wording
143 Article: Power of President to Consult Supreme Court
- Article 143(1): If at any time it seems to the President that a query of regulation or reality has arisen, or is possibly to arise, that is of the sort of nature. and of such public significance. that it’s far expedient to acquire the opinion of the Supreme Court upon it, he may also refer the query to that Court for attention. the Court may also, after such listening to because it thinks fit, file to the President its opinion thereon.
2. Article 143(2): The President may also, however something withinside the proviso to Article 131. refer a dispute of the type stated withinside the stated. proviso to the Supreme Court for opinion, and the Supreme Court shall, after such listening to because it thinks fit, file to the President its opinion thereon.
Explanation of Key Terms
1. Question of Law or Fact:
Law: A factor regarding the translation or utility of regulation.
Fact: A factor regarding genuine situations or evidence, in preference to felony interpretation.
2. Public Importance:
This time period refers to troubles that notably effect the general public or the united states at large. requiring explanation or steering from the Supreme Court.
3. Expedient to Obtain the Opinion:
The time period “expedient” means that it’s far suitable, appropriate. or useful to are trying to find the Supreme Court`s. opinion on the problem for making sure right governance or felony clarity.
4. Refer the Question:
This way the President officially sends a question or difficulty to the Supreme Court for its attention and advisory opinion.
5. Report to the President:
After thinking about the query referred, the Supreme Court gives its advisory opinion to the President. This file carries the Court’s evaluation and conclusions.
Purpose and Objectives of 143 Article
Reasons for Inclusion
Clarification of Legal Ambiguities:
- 143 Article changed into covered to offer a proper mechanism for resolving criminal uncertainties. This enables save you ability disputes and guarantees that. the authorities operates in the framework of the Constitution and hooked up laws.
Guidance on Complex Issues:
- The framers of the Constitution diagnosed that positive criminal and constitutional questions is probably too complicated for. the government department to address alone. By permitting the President to are seeking the Supreme Court`s opinion, the authorities can acquire professional judicial steering on those matters.
Preventing Legal Conflicts:
- By consulting the Supreme Court on ability problems earlier than they end up contentious. Article 143 targets to save you criminal conflicts that would disrupt governance and public order.
Strengthening the Rule of Law:
- The inclusion of 143 Article reinforces the precept of the guideline of thumb of regulation through. making sure that the very best judicial authority can offer interpretations and evaluations on extensive criminal questions. This enables preserve a steady and coherent criminal system.
Promoting Constitutional Supremacy:
- By searching for the Supreme Court’s opinion on constitutional matters, 143 Article upholds. the supremacy of the Constitution and guarantees that every one branches of presidency act according with its provisions.
Goals and Aims
Ensuring Legal Certainty:
- One of the number one targets of Article 143 is to make certain criminal reality through presenting. authoritative interpretations of the regulation. This enables the government and legislative branches make knowledgeable choices and rules.
Facilitating Effective Governance:
- By permitting the President to are seeking advisory evaluations from the Supreme Court, Article 143 helps powerful governance. It enables the government department cope with complicated criminal problems. proactively, making sure smoother management and coverage implementation.
Protecting Public Interest:
- The provision targets to shield the general public hobby through addressing questions of public importance. By acquiring the Supreme Court’s opinion. the authorities can make certain that its moves and rules align with criminal. constitutional principles, thereby safeguarding the rights and hobbies of citizens.
Types of References
143 Article of the Indian Constitution lets in the President of India to refer unique inquiries to the Supreme Court for an advisory opinion. There are usually varieties of references below Article 143:
General References:
These contain questions of regulation or reality which have arisen or are probable to stand up. and are deemed to be of this type of nature and public significance that it’s far expedient to acquire the Supreme Court`s opinion. This sort of reference is made below Article 143(1).
Dispute References:
These contain disputes of the type noted withinside the proviso to Article 131, which offers with the authentic jurisdiction. of the Supreme Court in disputes among the Government of India. and one or greater states or among states. This sort of reference is made below Article 143(2).
Advisory Jurisdiction
The Supreme Court, below its advisory jurisdiction granted through Article 143, offers evaluations on questions cited it through the President. This jurisdiction is awesome from its everyday judicial capabilities as it does now no longer. contain adjudicating disputes among events however as an alternative imparting steerage on unique felony questions.
The Court can select whether or not to provide an opinion, in particular below Article 143(1), which offers it with discretion. The Court isn’t obligated to offer an opinion. if it deems the query beside the point for advisory jurisdiction.
Procedure:
Upon receiving a reference, the Supreme Court holds hearings wherein fascinated events, consisting of the Attorney .General and different applicable stakeholders, can gift their arguments. The Court then deliberates and formulates its opinion, that is finally pronounced to the President.
Procedure for Reference of 143 Article
Steps Involved
Identification of the Issue:
The manner starts with the identity of a query of regulation or reality of public significance that calls for rationalization or resolution.
Consultation and Decision:
The President, in session with felony advisors and applicable authorities officers, comes to a decision .whether or not it’s far suitable to searching for the Supreme Court`s advisory opinion at the matter.
Drafting the Reference:
The unique query(s) to be referred are cautiously drafted. These questions want to be particular. and clean to make certain that the Supreme Court can offer a significant opinion.
Formal Reference to the Supreme Court:
The President officially refers the query(s) to the Supreme Court. This is accomplished via an authentic conversation. that outlines the character of the problem and the questions about which the opinion is sought.
Notification and Hearings:
Upon receiving the reference, the Supreme Court notifies applicable events, inclusive of the Attorney General of India. and different involved stakeholders. The Court then schedules hearings wherein those events can gift their arguments, evidence, and felony interpretations.
Deliberation and Opinion Formation:
After the hearings, the Supreme Court deliberates at the questions referred. This entails discussions many of the judges, felony research, and evaluation of precedents and constitutional provisions.
Reporting the Opinion:
The Supreme Court formulates its advisory opinion and prepares an in depth document. This document is then submitted to the President.
Publication and Implementation:
The advisory opinion, whilst now no longer binding, is frequently made public. and may be utilized by the authorities to manual its moves and policies.
Role of the President
Initiation:
The President performs a vital function in starting up the manner through figuring out. troubles of widespread public significance that require the Supreme Court’s advisory opinion.
Consultation:
The President consults with felony advisors, the Council of Ministers. and different applicable officers to decide the need and scope of the reference.
Referral:
The President officially refers the query(s) to the Supreme Court via an authentic conversation. outlining the troubles and the context wherein the opinion is sought.
Landmark Cases and Judgments of 143 Article
Significant Cases
Re Berubari Union and Exchange of Enclaves (1960):
This case concerned the translation of the Indo-Pakistan Agreement referring to the switch of territory among India and Pakistan. The Supreme Court`s advisory opinion clarified that a constitutional change became required to switch any territory to Pakistan.
Keshav Singh’s Case (1965):
This case arose from a war among the Uttar Pradesh Legislative Assembly and the judiciary concerning the powers of the legislature to punish for contempt. The Supreme Court furnished an advisory opinion at the limits of legislative privilege and judicial review.
Special Courts Bill Case (1978):
The reference became made to are seeking the Supreme Court’s opinion at the constitutionality of the Special Courts Bill, 1978. which aimed to installation unique courts for the trial of offences dedicated via way of means of folks retaining excessive political office. The Court upheld the constitutionality of the bill.
Ayodhya Reference (1993):
The President sought the Supreme Court’s opinion on whether or not a Hindu temple existed on the webweb page of the Babri Masjid previous to its construction. The Supreme Court declined to reply the question, mentioning that it became beside the point for the Court to provide an advisory opinion in this matter.
In Re: Kerala Education Bill (1957):
This became the primary example wherein the President sought the Supreme Court’s opinion at the Kerala Education Bill, 1957. which sought to adjust the running of personal instructional establishments in Kerala. The Supreme Court’s opinion helped in addressing the constitutional validity of diverse provisions of the bill.
Analysis of Key Judgments
Re Berubari Union and Exchange of Enclaves (1960):
Issue: The President sought the Supreme Court’s opinion on whether or not the authorities. ought to switch territory to Pakistan with out a constitutional change.
Opinion: The Supreme Court held that the switch of territory. required an change to the Constitution below Article 368, as it’d bring about changing the bounds of India.
Significance: This opinion clarified the manner for changing. the territory of India and strengthened the need of constitutional amendments for such actions.
Impact on Judicial Review of 143 Article
Influence on Judiciary
Enhanced Judicial Authority:
143 Article has empowered the judiciary through permitting the Supreme Court to offer authoritative. reviews on great felony and constitutional questions. This has greater the Court`s function as a father or mother of the Constitution and an arbiter of complicated felony issues.
Clarification of Legal Principles:
The advisory reviews below Article 143 have regularly clarified ambiguities in constitutional and felony principles. This has helped the judiciary expand a extra coherent and regular frame of case regulation.
Precedent Setting:
Although advisory reviews aren’t binding, they regularly set crucial precedents that affect next judicial decisions. The reasoning and interpretations supplied in those. reviews are often noted in later cases, shaping the improvement of constitutional jurisprudence.
Guidance on Legislative Actions:
The Supreme Court`s reviews on legislative matters, along with the constitutionality of proposed bills, offer vital steerage to the legislature. This allows make sure that new legal guidelines are aligned with constitutional principles, decreasing the threat of destiny felony challenges.
Strengthening Judicial Independence:
By exercise its advisory jurisdiction, the Supreme Court reinforces its independence and authority. This guarantees that the judiciary stays a essential test on the alternative branches of government, specifically in deciphering and upholding the Constitution.
Checks and Balances
Judicial Oversight:
Article 143 guarantees judicial oversight over the govt and legislative branches through permitting the Supreme Court to study. and offer reviews on crucial felony questions. This allows preserve a stability of strength and forestalls any department from appearing unconstitutionally.
Preventing Executive Overreach:
By looking for the Supreme Court`s opinion on complicated felony issues, the govt department can keep away. from moves that would later be deemed unconstitutional. This preemptive test allows in keeping the guideline of thumb of regulation and curtailing govt overreach.
Legislative Compliance:
The advisory reviews regularly manual legislative moves, making sure that new legal guidelines follow constitutional requirements. This characteristic acts as a preventive measure, decreasing the probability of destiny conflicts among the legislature and the judiciary.
Role in Modern India of 143 Article
Current Relevance
Land Ownership and Disputes: SSLR performs a pivotal function in setting up and preserving correct land possession data. This is crucial for resolving land disputes and making sure right land utilization.
Urban Planning and Infrastructure Development: Accurate land data are essential for city planning, infrastructure development, and dealing with sources successfully in swiftly developing city areas.
Agricultural Productivity: In rural areas, SSLR enables in defining agricultural boundaries, facilitating green land use, and assisting agricultural productivity.
Legal and Financial Transactions: Reliable land data are vital for felony transactions together with belongings transfers, mortgages. and loans, making sure transparency and safety in economic dealings.
Recent References and Decisions
Digital Transformation: Recent projects attention on digitizing land data to decorate accessibility, lessen corruption. and streamline administrative methods.
Legal Reforms: Various states have undertaken felony reforms to simplify land acquisition methods and enhance the accuracy of land data.
Policy Implications: SSLR rules were evolving to deal with modern demanding situations together with land fragmentation. city sprawl, and environmental concerns.
Case Studies and Success Stories: Case research spotlight a hit implementations of SSLR in distinctive states. demonstrating progressed governance and socio-financial outcomes.
Freqently Asked Questions (FAQs)
Q1: What is Article 143 in the Indian Constitution?
Ans. Article 143 allows the President of India to seek the Supreme Court’s opinion on any question of law or fact that is of public importance.
Q2: What is the purpose of Article 143?
Ans.The primary purpose of Article 143 is to provide a mechanism for the President to obtain the Supreme Court’s advice on complex legal issues before making important decisions.
Q3: Is the opinion given under Article 143 binding?
Ans. The opinion rendered by the Supreme Court under Article 143 is advisory in nature and not binding on either the President or any other authority.
Q4: Has Article 143 been frequently used?
Ans. Article 143 has been invoked relatively sparingly, with references typically made in cases where there is significant legal ambiguity or controversy.
Q5: What happens after the Supreme Court provides its opinion under Article 143?
Ans. The President may consider the Supreme Court’s opinion while making decisions, but he is not bound to follow it.
