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Article 143: President’s Reference on Bill Assent Deadlines

18 May 20251 min read
NATIONAL AFFAIRSArticle 143:President’sReference on BillAssent Deadlines18 May 2025safalsetu.com

Why in the news

The President asked the Supreme Court whether deadlines can bind the President and Governors while handling Bills passed by State Legislatures, a response to assent delays in politically sensitive states.

Key facts

  • Article 143(1): President may refer law or fact questions of public importance.
  • Article 143(2): treaties, agreements, covenants, notably with former princely states.
  • The opinion is advisory, not enforceable like a judgment; the Court may decline.
  • Constitution Bench of at least five judges (Article 145(3)).
  • Gives the President an independent alternative to Cabinet advice.

Past references (14 since 1950)

ReferenceSubject
Delhi Laws Act (1951)Delegating law-making power
Berubari Union (1960)Giving up land to Pakistan
Kesavananda follow-up (1973)Basic Structure doctrine
Cauvery Tribunal (1992)Tribunal’s authority over inter-state water disputes
Ayodhya (1993)Declined by the Court as political
Judges Appointment (1998)Collegium clarified

Significance

  • May fill the constitutional silence on assent timelines and speed up lawmaking.
  • Bears on Centre-State relations.

Exam angle

  • Ayodhya reference was declined; minimum bench five judges.

Test yourself

1. Which Article empowers the President to seek the Supreme Court's opinion on questions of public importance?

Article 143(1) provides the President's reference power.

2. What is the legal nature of the Supreme Court's opinion on an Article 143 reference?

The opinion is advisory and not legally enforceable.

3. Which Article requires a minimum five-judge bench to hear Article 143 references?

Article 145(3) mandates a Constitution Bench of at least five judges.