Discuss the scope and limitations of the Supreme Court’s advisory jurisdiction under Article 143. How is it distinct from its adjudicatory powers?
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. Discuss the scope and limitations of the Supreme Court’s advisory jurisdiction under Article 143. How is it distinct from its adjudicatory powers? (10 M)
Difficulty Level: Medium
Reference: IE
Why the question The recent 2025 Presidential reference under Article 143, following the Supreme Court’s April ruling on Governor R.N. Ravi, has reopened debates on the advisory role of the judiciary and its constitutional boundaries. Key demand of the question The answer must explain the constitutional scope and constraints of Article 143, and clearly differentiate it from the Court’s binding adjudicatory powers, using examples and constitutional provisions. Structure of the Answer: Introduction Briefly introduce Article 143 as a unique consultative power available to the President to seek judicial advice on issues of national importance. Body Mention the scope: legal/factual questions, Constitution Bench requirement, past references. Mention the limitations: non-binding nature, no enforceability, cannot override judgments. Distinguish it from adjudicatory jurisdiction: absence of parties/remedies, no precedents, no rights enforcement. Conclusion Conclude with the role of Article 143 in aiding constitutional balance without undermining judicial finality.
Why the question The recent 2025 Presidential reference under Article 143, following the Supreme Court’s April ruling on Governor R.N. Ravi, has reopened debates on the advisory role of the judiciary and its constitutional boundaries.
Key demand of the question The answer must explain the constitutional scope and constraints of Article 143, and clearly differentiate it from the Court’s binding adjudicatory powers, using examples and constitutional provisions.
Structure of the Answer:
Introduction Briefly introduce Article 143 as a unique consultative power available to the President to seek judicial advice on issues of national importance.
• Mention the scope: legal/factual questions, Constitution Bench requirement, past references.
• Mention the limitations: non-binding nature, no enforceability, cannot override judgments.
• Distinguish it from adjudicatory jurisdiction: absence of parties/remedies, no precedents, no rights enforcement.
Conclusion Conclude with the role of Article 143 in aiding constitutional balance without undermining judicial finality.