PART V THE UNION · CHAPTER IV.— THE UNION JUDICIARY

Article 143: Power of the President to consult the Supreme Court

(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.

(2) The President may, notwithstanding anything in ¹*** the proviso to article 131, refer a dispute of the kind mentioned in the ²[said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

Footnotes in the official text

1.The words, brackets and figure "clause (i) of" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2.Subs. by s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956).

Leading cases

State of Tamil Nadu v. Governor of Tamil Nadu (2025)The Governor's reservation for the President of ten Bills re-passed by the Tamil Nadu legislature was illegal; the Court held that Article 200 allows no pocket or absolute veto, prescribed time-limits, and declared the Bills deemed assented under Article 142.

Questions on this article

16 questions in 20 of our papers cite Article 143. Try these from the free papers:

1. With reference to In re Delhi Laws Act, 1912 (1951), consider the following statements: 1. The majority held that Section 7 of the Delhi Laws Act, 1912 was intra vires. 2. The view that prevailed was that the legislature may delegate even its essential legislative functions, so long as it keeps the power to repeal the delegating Act. 3. The opinion was given on a reference made by the President under Article 143(1). Which of the statements given above is/are correct?
2. Under Article 145(3), the minimum number of Judges who are to sit to decide a case involving a substantial question of law as to the interpretation of the Constitution is:
3. Under the proviso to Article 131, the original jurisdiction of the Supreme Court does not extend to a dispute arising out of:

Practise questions on Constitutional Law