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Special Reference 1 of 2012

Special Reference 1 of 2012

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Published by: Bar & Bench on Sep 27, 2012
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the latter part of Article 143(1) implies that this Court is

not bound to render advisory opinion in every reference

and may refuse to express its opinion for strong,

compelling and good reasons. In Keshav Singh,

highlighting the difference in the phraseology used in

clauses (1) and (2) of Article 143, P.B. Gajendragadkar,

C.J., speaking for the majority, held as follows:

“…whereas in the case of reference made under
Article 143 (2) it is the constitutional obligation
of this Court to make a report on that reference
embodying its advisory opinion, in a reference
made under Article 143 (1) there is no such
obligation. In dealing with this latter class of
reference, it is open to this Court to consider
whether it should make a report to the President
giving its advisory opinion on the questions
under reference.”

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