Presidential reference moved

The Centre has moved a presidential reference before the Supreme Court, seeking  its opinion on the 12 issues which have already been decided by the top court in lawsuits relating to appropriation of natural resources, procedure to allocate them for public good and the policy making exercise by the government.

Though the reference moved under Article 143 of the Constitution doesn’t bind the court to answer, the government has nevertheless asked its opinion on whether the apex court could interfere with its policy decision or insist on auction as the only method for the allocation of natural resources.

This reference comes after 19 years of the president seeking the apex court’s opinion on the communally sensitive issue — whether Babri mosque had come up prior to the Ram Temple or vice versa.

A five-judge bench in 1994 had refused to respond to the presidential queries saying, “It is not our suggestion that court of law is not competent to decide such a question. It can be done if expert evidence of archaeologists and historians is led, and is tested in cross-examination.”

Analysts feel that the presidential prerogative under Article 143 is normally exercised to get opinion of the top court on such issues which have not been dealt by the courts.

The court may fix a date for taking up this reference for hearing next week.