Previous Year Question

The correct answer is the President. Article 143 of the Constitution empowers the President to obtain the opinion of the Supreme Court under its Advisory Jurisdiction. If it appears to the President that a question of law or fact has arisen or is likely to arise and is of such public importance that obtaining the Court's opinion is expedient, the President may refer that question to the Supreme Court.

Thus, the constitutional power is not narrowly confined only to a “question of law”; the actual constitutional expression is question of law or fact. The question must be of such nature and public importance that obtaining the opinion of the Supreme Court is considered expedient.

Under Article 143(1), after receiving such a reference, the Supreme Court may hold such hearing as it thinks fit and report its opinion to the President. This is not an ordinary civil or criminal appeal; it is constitutional advice sought by the President. The Supreme Court itself describes proceedings under Article 143 as an exercise of its advisory jurisdiction.

Neither the Prime Minister nor a High Court can independently invoke Article 143 to seek such an opinion from the Supreme Court. The constitutional power is vested in the President. Therefore, options (b), (c), and consequently (d), are incorrect.

A targeted fact is that Article 143(2) also permits the President to refer certain disputes of the kind mentioned in the proviso to Article 131 to the Supreme Court for its opinion. In that situation, the Constitution requires the Court, after hearing, to report its opinion to the President.