How does the President's power to refer questions to the Supreme Court affect the balance of power among constitutional authorities?

The President of India has the power to refer questions of law or fact to the Supreme Court for its opinion under Article 143 of the Constitution. This mechanism, known as the Presidential Reference, is an important constitutional tool. It helps clarify complex legal or constitutional issues and shapes the relationship between the executive, legislature, and judiciary.

• Facilitates Judicial Interpretation: The President can seek the Supreme Court’s opinion on matters of public importance or legal ambiguity, ensuring that the executive and legislature act within constitutional boundaries.
• Checks and Balances: By referring questions to the judiciary, the executive acknowledges the Supreme Court’s role as the final interpreter of the Constitution. This strengthens the system of checks and balances among constitutional authorities.
• Prevents Constitutional Deadlocks: In cases where there is disagreement or uncertainty between the executive and legislature, a Presidential Reference can help resolve issues without confrontation, maintaining institutional harmony.
• Advisory Nature: The Supreme Court’s opinion in a Presidential Reference is advisory and not binding. However, it carries great moral and legal weight, guiding the actions of the executive and legislature.
• Promotes Cooperative Federalism: The process encourages dialogue and cooperation among the three organs of government, as the executive seeks judicial guidance before taking major decisions.
• Limits on Executive Power: The necessity to seek the Supreme Court’s advice on complex questions ensures that the executive cannot act unilaterally on matters of constitutional significance.