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Presidential Reference under Article 143: A quiet force in constitutional evolution

Article 143 has not only served as a means of constitutional clarification but has also helped shape the trajectory of India’s constitutional development in a way that continues to safeguard the foundational principles of justice and separation of powers 

July 22, 2025 / 12:40 IST
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On July 22, the Supreme Court will start hearing the reference made by the President of India Droupadi Murmu under Article 143 of the Constitution on the questions relating to the grant of assent to bills. The President sought the apex court's opinion following the Supreme Court's judgment delivered in April 2025, which set timelines for the Governor and the President to grant assent to the bills as per Articles 200 and 201 of the Constitution, respectively.

This case is of great importance as its outcome can redefine the powers of the highest constitutional office of the country. 

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What is Article 143?  

Article 143 of the Indian Constitution confers power to the President to consult the Supreme Court in two cases (1) when a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court (2) any dispute arising out of any treaty, agreement, covenant, engagement, named or other similar instrument which, having been entered into or executed before the commencement of this Constitution continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.