The President has referred a question to the Supreme Court and the Supreme Court, as per Article 143 of the Constitution of India, has advised the President 61 accordingly. Can the advice given by the Supreme Court be considered as ‘judicial precedent’ ?
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Under Article 143, when the President refers a question to the Supreme Court, the SC's opinion is ADVISORY — it is NOT considered a 'judgment' and therefore cannot be used as a ground for review under Article 137. The advisory opinion is not binding and not enforceable as a decree.