Abstract
This article discusses the precedential value of presidential references to the Supreme Court. The author analyses the history of presidential references in India, jurisprudence of the Supreme Court on this point, the practice in other jurisdictions and important constitutional law concepts which influence the binding nature of these references, such as the doctrine of stare decisis and the system of constitutional democracy prevalent in India. He then examines the arguments for and against treating presidential references as precedent and finally concludes by stating that while the advisory jurisdiction of the Supreme Court is significant, it is not to be considered as binding law.
Recommended Citation
Chatterjee, Deepaloke
(2009)
"Presidential References and their Precedential Value: A Constitutional Analysis,"
National Law School of India Review: Vol. 21:
Iss.
1, Article 8.
Available at:
https://repository.nls.ac.in/nlsir/vol21/iss1/8
