Constitutional text

(1) If at any time it appears to the President that a question of law or of fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The advisory jurisdiction was modelled on the practice of referring questions to the Privy Council under the Government of India Act 1935. It gives the government a way to obtain a judicial view on a complex constitutional question before acting, potentially avoiding costly litigation. Notable references have included questions about the scope of Presidential clemency, the Ram Janmabhoomi dispute, and whether the Cauvery Water Disputes Tribunal's award was binding on states.

Key Supreme Court cases

In re Special Reference No. 1 of 1993 (1994)

The Supreme Court declined to give an opinion on whether a Hindu temple existed at the disputed site before the Babri Masjid was built, holding the question was not purely a question of law and that answering it could be contrary to secular values.

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Last reviewed: 3 July 2026