Question: Write an essay on the ‘Advisory Jurisdiction of the Supreme Court of India. Discuss any one such advisory opinion given by the Supreme Court under Article 143 (1) of the Constitution of India. [BJS 1979]
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Answer
The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India. The law declared by the Supreme Court is binding on all courts within the territory of India. Under Part V, from Article 124 to Article 147 of the Indian Constitution deals with the provision for organization, independence, powers, and jurisdiction of the Supreme Court of India.
The Supreme Court of India also enjoys an Advisory Jurisdiction. This power has been vested upon the Supreme Court by Article 143 of the Indian Constitution. Article 143 gives power to the President to consult the Supreme Court when there arises a question of law or question of fact.
The scope of Article 143(1) which talks about the President’s power to refer a matter of public importance to the Supreme Court is quite broad. There is no condition that the President can refer only to such questions pertaining to his powers, functions, and duties or those of the Central Government. The President can seek the opinion of the Supreme Court on any question of law or fact which appears to him to be of such a nature and of such public importance that it is expedient to obtain the Court’s opinion. The requirements for the President to seek its opinion from the Supreme Court are as follows:
- A question of law or fact has arisen or is likely to arise.
- The nature of the question of law is such that it gains more public importance which makes it imperative to get the opinion of the Supreme Court.
One of the landmark cases in which reference is made to the Supreme Court under Article 143 (1) is the Cauvery Dispute Tribunal (AIR 1992 SC 522). In this case, a tribunal was appointed by the central government to decide the question of waters of river Cauvery which flows through the states of Karnataka and Tamil Nadu. The Tribunal gave an interim order in June 1991 directing the State of Karnataka to release a particular quantity of water for the state of Tamil Nadu. The Karnataka government resented the decision of the Tribunal and promulgated an Ordinance empowering the government not to honor the interim Order of the Tribunal.
The Tamil Nadu government protested against the action of the Karnataka government. Hence the President made a reference to the Supreme Court under Article 143 of the Constitution. The Court held that the Karnataka Ordinance was unconstitutional as it nullifies the decision of the Tribunal appointed under the Central Act (Inter-State Water Dispute Act, 1956) which has been enacted under Article 262 of the Constitution. The Ordinance is also against the principles of the rule of law as it has assumed the role of a Judge in its own cause.
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