AIR 2003 SUPREME COURT 87 ::2002 AIR SCW 4492 ::(2002) 7 Supreme 437 ::2002 (8) SCC 237 ::(2002) 7 Scale 614 ::2002 (4) LRI 169 ::2002 (6) SLT 599 ::(2002) 8 JT 389 (SC) ::2002 (8) JT 389

Supreme Court Of India

Hon'ble Judge(s): B. N. Kirpal, V. N. Khare, K. G. Balakrishnan, Ashok Bhan, Arijit Pasayat , JJJ

(A) Constitution of India , Art.143— Presidential reference - Question likely to arise in future or of public importance - Can be referred - Court is well within its jurisdiction in answering the question. The Supreme Court is well within its jurisdiction to answer/advise the President in a reference made under Article 143 (1) if the questions referred are likely to arise in future or such questions are of public importance or there is no decision of the Supreme Court which has already decided the question referred.(Para 9) The questions whether Article 174 (1) is mandatory and would apply to a dissolved Assembly, that, whether in extraordinary circumstances Article 174(1) must yield to Art. 324, and, that the non-observance of Article 174 would mean that the Government of a State cannot be carried on in accordance with the provisions of the Constitution and in that event Art. 356 would step in, are not only likely to arise in future but are of public importance. There is no decision of Supreme Court directly on the questions referred and further, a doubt has arisen in the mind of the President of India as regard the interpretation of @page-SC88 Art. 174 (1) of the Constitution. Under such circumstances, it is imperative that this reference must be answered.(Para 10) ....