Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court.
Article 143 of the Indian Constitution empowers the President to seek the advisory opinion of the Supreme Court on questions of law or fact of public importance. This jurisdiction is discretionary for the President, who may or may not invoke it, and equally discretionary for the Court, which may decline to render an opinion. Even when given, the advisory opinion is not binding on the President, though it carries persuasive authority due to the Court’s constitutional stature.
In the Kerala Education Bill (1958), the Court provided detailed advice, shaping policy interpretation. Conversely, in the Babri Masjid Reference (1993), it refused to opine, holding that the matter was factual and unsuitable for Article 143. Critics caution that this provision risks drawing the judiciary into political controversies, potentially diluting separation of powers. Nonetheless, Article 143 remains a valuable mechanism for obtaining authoritative constitutional guidance without prolonged litigation.
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