UPSC Prelims 2003·GS1·polity-and-governance·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)?

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Last updated 23 May 2026, 3:31 pm IST
  1. AArticle 142
  2. BArticle 143Correct
  3. CArticle 144
  4. DArticle 145

Explanation

The correct answer is B because Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court. Under this advisory jurisdiction, the President can refer any question of law or fact of public importance to the Court for its opinion. In 2002, following the communal riots in Gujarat and the dissolution of the State Assembly, the Election Commission decided to defer elections. The President used Article 143 to seek the Supreme Courts opinion on whether the Commission could delay elections beyond the six-month limit prescribed for the gap between two assembly sessions. This is famously known as the Gujarat Assembly Election Matter or the Special Reference No. 1 of 2002.
polity-and-governance: Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court

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