Question 1

The Supreme Court's opinion on a Presidential Reference is legally binding on the President and the government.

Accepted Answer

Under Article 143, the Supreme Court exercises advisory jurisdiction. Its opinion is consultative and not legally binding on the President, though it is highly respected and usually followed.

Question 2

The Indian Constitution explicitly grants the Governor a 'Pocket Veto' to kill State legislation.

Accepted Answer

The Constitution does not expressly mention or grant a 'pocket veto'. It merely lacks a prescribed time limit in Article 200, a constitutional silence that Governors have exploited to delay Bills indefinitely.

Question 3

If a State legislature re-passes a Bill returned by the President under Article 201, the President is bound to give assent.

Accepted Answer

Unlike the Governor under Article 200 (who must give assent if a returned Bill is re-passed by the State assembly), there is no provision in Article 201 binding the President to assent to a reconsidered State Bill.

Question 4

Consider the following statements regarding the legislative process and constitutional provisions in India:
1. Under Article 143, the Supreme Court is bound to give its advisory opinion on any question of law referred to it by the President.
2. The Punchhi Commission recommended a maximum time limit of six months for the Governor to take a decision on a Bill passed by the State legislature.
3. If a Governor reserves a State Bill for the President's consideration, the President must return the Bill within six months if it is not a Money Bill.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect: Under Article 143(1), the Supreme Court 'may' decline to give its opinion on general questions of law; it is only bound to give an opinion on pre-constitutional treaties under Article 143(2). Statement 2 is correct: The Punchhi Commission (2010) explicitly recommended a 6-month limit for Governors to decide on Bills. Statement 3 is incorrect: Article 201 specifies no timeline whatsoever for the President to decide on reserved State Bills.

Question 5

Match the Constitutional Articles in List I with their correct subject matter in List II:
List I:
A. Article 141
B. Article 143
C. Article 200
D. Article 201

List II:
1. Power of President to consult the Supreme Court
2. Bills reserved for consideration of the President
3. Law declared by Supreme Court to be binding on all courts
4. Assent to Bills passed by the State Legislature

Select the correct code:

Accepted Answer

(a) A-3, B-1, C-4, D-2 — Article 141 states that the law declared by the Supreme Court shall be binding on all courts (A-3). Article 143 deals with the advisory jurisdiction of the SC, i.e., the power of the President to consult the Court (B-1). Article 200 deals with the Governor's assent to Bills passed by the State Legislature (C-4). Article 201 deals with State Bills reserved by the Governor for the consideration of the President (D-2).

Question 6

Assertion (A): The advisory opinion given by the Supreme Court under Article 143 is not binding on the President of India.
Reason (R): The Supreme Court acts in an advisory capacity under Article 143 and does not pronounce a judicial verdict resulting in a binding decree or order.
Select the correct answer using the codes given below:

Accepted Answer

(a) Both A and R are true and R is the correct explanation of A — The Supreme Court's opinion under Article 143 is consultative. Because it is an advisory reference and not a litigation between parties, the Court does not pass a binding decree (as it does under Article 141 or 142). Therefore, the President is not legally bound to follow the opinion, making both statements true and R the correct explanation for A.

SC Constitution Bench Hears Presidential Reference under Article 143

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