Presidential Reference Explained: Unlocking Its Powerful Role in Indian Democracy
Context: President Droupadi Murmu, in a rare move, sought the opinion of the Supreme Court through a Presidential Reference, on whether the court can “impose” timelines and prescribe the manner of conduct of Governors and the President while dealing with State Bills sent to them for assent or reserved for consideration.
What is a Presidential Reference?
A Presidential Reference is a constitutional mechanism under Article 143 of the Indian Constitution, through which the President of India can seek the advisory opinion of the Supreme Court on questions of law or facts that are of public importance.
What does Article 143 of the Constitution state?
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- Article 143 provides for the advisory jurisdiction of the Supreme Court and has two parts:
- Article 143(1): The President may refer to the Supreme Court any question of law or fact of public importance that has arisen or may arise, and the Court may report its opinion to the President after a hearing.
- Article 143(2): The President shall refer disputes relating to pre-Constitution treaties and agreements (mentioned in the proviso to Article 131) to the Supreme Court, and the Court shall report its opinion.
- Article 143 provides for the advisory jurisdiction of the Supreme Court and has two parts:
- Key Features of Article 143(1)
Do other nations have similar provisions?
- Canada: The Supreme Court of Canada has a similar provision where the federal or provincial government may refer legal questions for advisory opinions.
- United States: The U.S. The Supreme Court does not entertain advisory opinions, citing the doctrine of separation of powers and the requirement of a real case or controversy.
- Advisory in Nature: The Supreme Court’s opinion is not binding on the President or on lower courts, but carries high persuasive value.
- Discretion of the Supreme Court: The Court may decline to answer if the question is vague, hypothetical, or political.
- President Acts on Advice: Although the reference is made by the President, it is done on the advice of the Council of Ministers (Article 74(1)).
- Heard by Constitution Bench: Article 145(3) mandates that such cases be heard by a minimum five-judge bench.
What is the current Presidential Reference about?
President Droupadi Murmu, on the advice of the Council of Ministers, has referred a set of 14 constitutional questions to the Supreme Court following its recent ruling in State of T.N. v. Governor of T.N., 2025 SCC OnLine SC 770.
Key Issues Raised:
- Can the judiciary set timelines for the Governor or President to act on State Bills when the Constitution is silent?
- Is judicial review permissible before a Bill becomes a law?
- What are the limits of the Supreme Court’s powers under Article 142?
- Are the President’s and Governors’ decisions on assenting to Bills justiciable?
This reflects growing tensions between the Union and some Opposition-led States.
Is the Supreme Court bound to answer?
- No, under Article 143(1) the Court has discretion and may decline if:
- The question is vague, hypothetical, or political.
- The issue is already pending or previously adjudicated.
- Yes, under Article 143(2) the Court must answer, unless the question is unanswerable due to legal ambiguity.
Is the Supreme Court’s opinion binding?
- No, it is not binding under Article 141 (which governs binding precedents).
- However, courts and the executive generally follow it due to its high persuasive value.
- A 9-judge bench in St. Xavier’s College v. State of Gujarat (1974) held that advisory opinions do not bind the Court in future cases but must be given due respect.
