Article 143 of the Constitution of India

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Article 143 of the Constitution of India empowers the President to seek advisory opinions from the Supreme Court on questions of law or fact of public importance.

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Predicate Object
instanceOf constitutional provision
alsoKnownAs Advisory Jurisdiction Article NERFINISHED
appliesTo President of India NERFINISHED
Supreme Court of India NERFINISHED
bindingNatureOfOpinion advisory
not binding on the President
cameIntoForceOn 26 January 1950
constitutionalPosition Chapter IV – The Union Judiciary
in Part V of the Constitution of India
enactedOn 26 January 1950
grantsPowerTo President of India NERFINISHED
languageFeature uses the expression "may" regarding Supreme Court reporting its opinion
legalEffect enables President to refer questions to Supreme Court for advisory opinion
locatedInJurisdiction Republic of India NERFINISHED
obligationOfSupremeCourt Supreme Court may report its opinion to the President
partOf Constitution of India NERFINISHED
procedure President makes a reference to the Supreme Court
Supreme Court considers the questions referred
Supreme Court reports its opinion to the President
relatesTo advisory jurisdiction of the Supreme Court of India
scope may include disputes arising out of treaties, agreements, covenants, engagements or other similar instruments
questions of law or fact of such nature and of such public importance that it is expedient to obtain Supreme Court opinion
subjectMatter power of President to seek advisory opinion
questions of fact
questions of law
questions of public importance
typeOfPower discretionary power of the President
usedInCase In re Berubari Union and Exchange of Enclaves, 1960 NERFINISHED
In re Cauvery Water Disputes Tribunal, 1992 NERFINISHED
In re Presidential Reference on Ayodhya, 1993 NERFINISHED
In re Special Courts Bill, 1978 NERFINISHED
In re Special Reference No. 1 of 2012 (2G spectrum case) NERFINISHED

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Part V, Chapter IV of the Constitution of India containsArticle Article 143 of the Constitution of India