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Highway Liquor Ban: What is a Presidential Reference?

Presidential Reference pertains to Article 143 of the constitution.

News18.com

Updated:April 5, 2017, 1:12 PM IST
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Highway Liquor Ban: What is a Presidential Reference?
Representative Image. (Image: Getty Images)

New Delhi: The Centre may seek a Presidential Reference to get around the Supreme Court order on banning sale of sale of liquor within 500 metres of state and national highways, including at bars, hotels and restaurants that serve alcohol, from 1 April.

The Centre will opt for the Presidential Reference only if a group of state governments make a request in writing for it.

Presidential Reference pertains to Article 143 of the constitution.

Under Article 143, the Centre can make a plea to the President to make a reference to the Supreme Court.

The President is empowered to ask the apex court whether a “question of law or fact” has come up or likely to “which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court”.

The Supreme Court, however, reserves the right to refuse to answer all or any of the queries raised by the President.

The Centre had opted for the Presidential Reference after the 2G spectrum scam judgment in 2012, where President Pratibha Patil had sought the apex court’s opinion on whether it could interfere with policy decisions.

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