New Delhi: President Draupadi Murmu recently exercised advisory power as per Article 143(1) of the Constitution of India after the Supreme Court's recent judgment related to bills passed by the Tamil Nadu state legislature. The power to consult exercised by the President has been invoked 15 times.
The President of India exercises various powers that encompass a range of functions, including military, judicial, advisory, and emergency powers. The Authority that the President exercises has certain limitations, and these limitations are bound by the procedures established by law. The advisory power of the President provides a responsibility to make reasoned decisions with profound understanding and reasoning with the aid of the Supreme Court.
The advisory power has a profound significance and reflects the inter-relationship between the head of state and the judicial head of the country. In the Special Courts Bill, 1978, In re (1979) 1 SCC 380, the Supreme Court stated in its majority opinion that the court is entitled to return the reference by pointing out the impediments to answering it. The question does not bind the court as the court has the discretion to answer or refuse to answer.
Article 143: Interpretative Guidance from the Judiciary
The judiciary has provided an interpretation of Article 143 in various cases, such as in the case of Natural Resources Allocation, In re, Special Reference No. 1 of 2012, (2012) 10 SCC 1, which states that References shouldn't be ambiguous, broad, or unspecific. The Supreme Court can narrow down legal disputes by reviewing written arguments and filings. The risk of returning a reference unanswered only appears when the query or questions become vague and unintelligible. The court has a constitutional responsibility, juridical propriety and juridical discretion.
The court stated in the case of Special Reference No. 1 of 2002, In re (Gujarat Assembly Election matter), (2002) 8 SCC 237, that the presidential reference made is likely to arise in future for the questions are of public importance or there is no decision of the Supreme Court which has already decided the question referred.
The court has discretion in answering the question posed before it, and this discretion can be exercised by either answering the reference or declining it. The court, in the case of In re Special Courts Bill, 1978 (1979) 1 SCC 380, stated that the power provided in Article 141 is similarly applicable in the case of the Opinion of the Supreme Court under advisory jurisdiction, which will be binding on all courts in India.
Article 50: Separation of judiciary from executive
The Constitution of India has explicitly provided the provision for the independence of the judiciary, as it is one of the pillars of democracy; in the S.P. Gupta v. Union of India, 1981 Supp SCC 87, Justice P. N. Bhagwati stated that the principle of independence of the judiciary is a fundamental feature of the Constitution.
The judiciary is functionally required to play an active role in imparting socio-economic justice. The judicial branch of the state has the crucial responsibility of promoting social justice and compensating victims to a reasonable extent by exercising various means.
The independence of the judiciary promotes equality of status and opportunity for all. The power vested with the judiciary has a significant responsibility to promote socio-economic justice within the reach of society. It was essential to make the judiciary independent from the pressures of the other branches of the state, as it brings transparency to the judicial decisions and secures the judiciary from unwanted influence.
Conclusion: A Constitutional Dialogue Ensuring Justice
The Supreme Court has the responsibility to maintain socio-economic justice in society and to ensure that the proper interpretation of the Constitution of India is made. One of the powers of the Supreme Court is to ensure that all the actions of the government are by the Constitution. The rights of citizens are protected as the Supreme Court upholds the rule of law, meaning that everyone, including the government, is subject to the law.
The power exercised by the court is not only subject to law, but it has to uphold the principle of constitutional morality as it makes the court maintain social justice and ensures that the rights of the citizens are protected by having a broader understanding of the constitutional principles.
The decisions made by the Supreme Court of India have a domino effect on various facets of society, making it essential to have an independent judiciary free from external influence or pressure. The inter-relationship between the Presidential advisory power and the Supreme Court has great significance in interpreting the Constitution of India to maintain a balance in the working of the Constitution and to impart justice in the society.
The writer is a 4th year student at National Law University, Patiala
