Under which Article of the Indian Constitution did the President make ...
Art.143 which provides for the advisory jurisdiction of the Supreme Court gives the President the power to refer a question of law or a matter of public importance to the Supreme and seek its advice on the same. The President may also refer a dispute arising out of any treaty, agreement, covenant or other similar instrument entered into or executed before the commencement of the Constitution (as given in Art.131), to the Supreme Court for its opinion.
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Under which Article of the Indian Constitution did the President make ...
Article 143 of the Indian Constitution empowers the President to seek the opinion of the Supreme Court on any question of law or fact that has arisen or is likely to arise before him. In the case of deferring the Gujarat Assembly elections in 2002, the President made a reference to the Supreme Court under Article 143 to seek its opinion on the constitutional validity of the Election Commission's decision.
Explanation:
The context of the case:
1. In the year 2002, the Gujarat Assembly elections were scheduled to be held. However, due to the Godhra train burning incident and subsequent communal violence in the state, the Election Commission of India decided to defer the elections to a later date.
2. This decision of the Election Commission was challenged by various political parties and individuals, who argued that the Election Commission did not have the authority to defer the elections and that it was a violation of their constitutional rights.
The President's reference to the Supreme Court:
1. In this situation, the President, who is the constitutional head of the country, invoked Article 143 of the Indian Constitution. This article grants the President the power to refer any question of law or fact to the Supreme Court for its opinion.
2. The President sought the Supreme Court's opinion on the constitutional validity of the Election Commission's decision to defer the Gujarat Assembly elections.
3. By referring the matter to the Supreme Court, the President aimed to obtain clarity on the legality and constitutionality of the Election Commission's decision, which had significant implications for the democratic process in the state.
The significance of Article 143:
1. Article 143 of the Indian Constitution is a unique provision that empowers the President to seek the Supreme Court's opinion on important matters of law or fact.
2. This provision allows the President to obtain expert advice from the highest court of the land and ensures that important constitutional questions are resolved in a fair and impartial manner.
3. The Supreme Court's opinion in response to a reference made under Article 143 is not binding on the President or the government. However, it carries persuasive value and is often considered by the government while making decisions on the matter at hand.
In conclusion, the President made a reference to the Supreme Court under Article 143 of the Indian Constitution to seek its opinion on the constitutional validity of the Election Commission's decision to defer the Gujarat Assembly elections in 2002. This reference was aimed at obtaining clarity on the legality and constitutionality of the decision and was an important step in ensuring the fair and democratic functioning of the electoral process.
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