List of presidential references

Presidential reference is a question of law or fact of public importance referred to the Supreme Court of India by the President of India under the powers conferred by the Article 143 of the Constitution of India.^[1]

Since 1950, there have been sixteen presidential references made under Article 143(1) of the constitution of which two were returned unanswered by the Court.^[2]


Year	Case name (In re:)	Key question(s)	Citation^[a]
1951	Delhi Laws Act	On the power to delegate legislative power to other organs of the state machinery.	1951 INSC 36^[3]
1958	Kerala Education Bill	Constitutional validity of a Bill in relation to Articles 29 and 30 of the Constitution.	1958 INSC 64; 1959 SCR 995^[4]
1960	Berubari Union (I)	Whether an Act under Article 3 by Parliament was sufficient to implement a bilateral agreement between India and Pakistan concerning cession of some parts of territory.	1960 INSC 49; (1960) 3 SCR 250^[5]
1963	Sea Customs Act, S. 20(2)	Validity of a draft Bill concerning imposition and authorisation of taxes by the Central Government, and whether it was exempted under Article 289.	1963 INSC 147; (1964) 3 SCR 787^[6]
1964	Powers, Privileges and Immunities of State Legislatures	Questions relating to the validity of initiation of contempt by the State Legislature against High Court judges.	1964 INSC 203; (1965) 1 SCR 413^[7]
1974	Presidential Poll	Interpretation of Articles 56, 62, 70, and 71 with regards to the election of the President.	10 1974 INSC 123; (1974) 2 SCC 33
1978	Special Courts Bill, 1978	Consideration of a Bill for constitution of special courts to entertain cases relating to offences committed by individuals holding high political officers, during Emergency.	1978 INSC 249; (1979) 1 SCC 380
1991	Cauvery Water Disputes Tribunal	Wwhether one party could override implementation of an interim order passed by the Water Dispute Tribunal, by way of an ordinance	1991 INSC 304; 1993 Supp (1) SCC 96(2)
1993	Special Reference No. 1 of 1993 (Ram Janma Bhumi-Babri Masjid matter)	On the factual issue of whether there existed a Hindu temple or Babri Masjid on the disputed land^[b]	1994 INSC 479; (1993) 1 SCC 642
1998	Special Reference No. 1 of 1998	Issue of appointment o fjudges, and the binding effect of the recommendation of the Chief Justice	1998 INSC 402; (1998) 7 SCC 739
2001	Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Bill, 1980	Relating to return and permanent resettlement of people who left Jammu and Kashmir between 1947-1954^[b]	2001 SCC OnLine SC 1493
2001	Special Reference No. 1 of 2001	Validity of a State law regulating use and distribution of natural gas and liquefied petroleum gas, when the subject matter fell within the Union List.	2004 INSC 209; (2004) 4 SCC 489
2002	Special Reference No. 1 of 2002 (Gujarat Assembly Election matter)	Obligation of the Election Commission to conduct elections, when the state assembly is dissolved in haste and the interplay of Articles 174 and 324, if any	18 2002 INSC 445; (2002) 8 SCC 237
2004	Punjab Termination of Agreement Act, 2004	Constitutional validity of the Punjab Termination of Agreement Act which sought to overcome the judicially directed implementation of sharing of natural resources between Punjab, Haryana and Rajasthan, in light of their water dispute	2016 INSC 1018; (2017) 1 SCC 121
2012	Special Reference No. 1 of 2012 (Natural Resources Allocation)	In relation to the judgment in the 2G spectrum case	2012 INSC 428; (2012) 10 SCC 1
2025	Assent, Withholding or Reservation of Bills by the Governor and the President of India	On the Court's authority to impose deadlines for the Governor and President under Articles 200 and 201 of the Constitution	2025 INSC 1333

List of presidential references

Notes

References

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