UPSC Prelims 2003 Q11: Indian Polity – Judiciary
Under which Article of the Indian Constitution did the President make a reference to the
Supreme Court to seek the Court’s opinion on the constitutional validity of the Election
Commission’s decision on deferring the Gujarat Assembly elections (in the year 2002)?
- (a) Article 142
- (b) Article 143
- (c) Article 144
- (d) Article 145
Answer: (b) Article 143
Explanation
Presidential reference on the Gujarat elections, 2002
| Article | Subject |
|---|---|
| Article 143 | Advisory jurisdiction — President seeks the Supreme Court's opinion |
| Article 142 | Enforcement of decrees and complete justice |
| Article 144 | Civil authorities to act in aid of the Court |
| Article 145 | Rules of the Court |
The President made the reference under Article 143, the advisory jurisdiction of the Supreme Court, in the 2002 Special Reference on the deferment of the Gujarat elections.
Answer: (b) Article 143.
Why each option is right or wrong
- (a) Incorrect. Article 142 is about complete justice.
- (b) CORRECT. Article 143 gives the advisory jurisdiction.
- (c) Incorrect. Article 144 is about aid to the Court.
- (d) Incorrect. Article 145 is about rules of the Court.
Key point
Article 143: advisory opinion; the 2002 reference was Special Reference No. 1 of 2002.
Remember
Article 143 is the Supreme Court's advisory jurisdiction.
Common mistakes
- Mixing 142 (complete justice) with 143.
- Thinking the Court must give its opinion in every case.
- Forgetting that the opinion is not binding.
Exam tip
143 = advice, 142 = complete justice, 32 = writs.
Sources
- Constitution of India — Article 143
- Supreme Court of India — Special Reference No. 1 of 2002 (Gujarat Assembly Election matter), (2002) 8 SCC 237