The Constitution, through Article 143, allows the president of India to seek the opinion of the Supreme Court in two types of matters:
1. Questions of Law or Fact of Public Importance:
- This includes any question of law or fact of public importance that has arisen or is likely to arise.
- In such cases, the Supreme Court may choose to tender or refuse to tender its opinion to the president.
2. Disputes Arising from Pre-Constitution Treaties, Agreements, Covenants, or Engagements:
- In these instances, the Supreme Court must tender its opinion to the president.
In both categories, the opinion provided by the Supreme Court is advisory in nature, not a judicial pronouncement. This means the opinion is not binding on the president. While the president may or may not follow the opinion, it provides the government with an authoritative legal perspective on the matter at hand.
Up until 2019, the president of India has made fifteen references to the Supreme Court under its advisory jurisdiction (also known as consultative jurisdiction). The details of these references have been provided in chronological order.
1. Delhi Laws Act in 1951
2. Kerala Education Bill in 1958
3. Berubari Union in 1960
4. Sea Customs Act in 1963
5. Keshav Singh’s case relating to the privileges of the Legislature in 1964
6. Presidential Election in 1974
7. Special Courts Bill in 1978
8. Jammu and Kashmir Resettlement Act in 1982
9. Cauvery Water Disputes Tribunal in 1992
10. Rama Janma Bhumi case in 1993
11. Consultation process to be adopted by the chief justice of India in 1998
12. Legislative competence of the Centre and States on the subject of natural gas and liquefied natural gas in 2001
13. The constitutional validity of the Election Commission’s
decision on deferring the Gujarat Assembly Elections in 2002
14. Punjab Termination of Agreements Act in 2004
15. 2G spectrum case verdict and the mandatory auctioning of natural resources across all sectors in 2012
