Context: A key takeaway from the Supreme Court’s judgment in the Tamil Nadu Governor case is its observation that when a Governor reserves a Bill for the President’s assent on grounds of perceived unconstitutionality, the President ought to seek the Supreme Court’s opinion.

Meaning of the context: The Court noted that both the Sarkaria Commission and the Punchhi Commission categorically recommended the President to seek the opinion of this Court under Article 143 in respect of bills that may be apprehended to be patently unconstitutional.

Learning zone:

• Article 143 of the Indian Constitution grants the President the power to seek advisory opinions from the Supreme Court on matters of public importance. This advisory jurisdiction allows the President to consult the Supreme Court on questions of law or fact.
• The April 8, 2025 judgement, says that, invoking Article 143, the President “ought to” seek its opinion where the Governor has reserved the Bill for his/her consideration on the ground of “perceived unconstitutionality.”
• Acknowledging that it’s not mandatory for the government to accept its opinion, the SC added that the same “holds high persuasive value and should ordinarily be accepted by the legislature and the executive” and “merely because the jurisdiction under Article 143 is not binding does not undermine the principles used by this Court to determine the constitutionality of the bill.”
• The ruling also spoke of the manner in which the SC would exercise its power in case of such a reference. 
• Ruling said that the court “in such situations…has to be mindful as to whether the reference received from the President under Article 143 pertains to pure legal questions regarding interpretation of the Constitution or questions that are in the nature of a policy consideration. In case of the latter, the Supreme Court, having regard to the relevant facts and circumstances, can refuse to express its advisory opinion upon being satisfied that the questions presented to it are purely socio-economic or political questions and have no relation to the Constitution.”

Source : Indian Express