What is presidential reference Understanding presidential reference

What is presidential reference Understanding presidential reference?

In 2G corruption case Supreme Court of India gave a historical judgment.

Now Government has sought Presidential Reference in 2G case.

Lets Understand
What is presidential reference Understanding presidential reference?



The government has the power to make a presidential reference under Article 143 of the Indian constitution.

Article 143 in the Constitution of India 1949

143. Power of President to consult Supreme Court

(1) If at any time it appears to the President that 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 upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon

(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon

Article 131 in the Constitution of India 1949

131. Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more other States on the other; or


(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and 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

Supreme Court of India has a power not to give opinion under this also.

From Year 2004 presidential reference to the Supreme Court, made in 2004, about sharing of river water through Sutlej-Yamuna Canal between Punjab and Haryana is still pending.

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Thursday, April 12, 2012

Tags – Presidential Reference