When Must The Supreme Court Answer? Re-Thinking Discretion Under Article 143 Through The ‘Institutional Mechanics Effect’
The piece examines how the Supreme Court has exercised discretion under Article 143 across 16 Presidential References, focusing particularly on when it has refused to answer questions. It identifies an 'Institutional Mechanics Effect' where there is an apparent tendency to constitute larger benches and decide faster when references concern core constitutional institutions, especially federalism and separation of powers. It ultimately argues that federal disputes falling within Article 143(2) should attract a mandatory duty to answer, although the paper’s interpretation of Article 143(2) and its extension of basic-structure reasoning to advisory jurisdiction remain its key doctrinal vulnerabilities.
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