In re meaning and Article 143 TI25012024

Many law students are familiar with the phrase “In re”, often understanding it to mean “in the matter of” or “in reference to”. However, most of them would be stumped if asked: Why isn’t “In re” used before the name of every case?

A quick Google search for “in re meaning” won’t offer much clarity either—very few results directly address this question.

This blog aims to answer exactly that.

Table of Contents

• The literal meaning of In re and Article 143 of the Constitution of India
  
• Only Constitutional Benches can prepare such reports
  
• Total number of In re cases
  

Literal Meaning of In re and Article 143 of the Constitution of India

“In re” is a Latin term meaning ‘in the matter of’ or ‘in reference to’.

It appears in the titles of cases where the Supreme Court exercises its advisory jurisdiction under Article 143(1) of the Indian Constitution. This provision grants the President of India the power to seek the Supreme Court’s opinion on any question of law or fact of public importance.

Once a matter is referred to the Court, the Supreme Court considers the issue and provides a report as it deems appropriate. This report is then sent back to the President, and the title of such matters begins with “In re”, for example, In re Berubari Case.

Only Constitutional Benches Can Prepare Such Reports

A Constitutional Bench is constituted by the Chief Justice of India, comprising four other senior judges, to deliberate on significant constitutional questions. According to Article 145(3):

“The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.”

Therefore, a Constitutional Bench of the Supreme Court consists of five judges, including the Chief Justice.

Note: A Constitutional Bench of a High Court also comprises five judges, including the Chief Justice of that High Court.

While the President is not legally bound to accept the Supreme Court’s opinion, it carries significant persuasive authority. Furthermore, such references are binding on all courts below the Supreme Court. The Supreme Court has held that the opinions issued under Article 143 are considered “law declared by the Supreme Court” as per Article 141.

Total Number of In re Cases

A total of 13 references have been made to the Supreme Court to date. The first such case was “In re The Delhi Law Act (1951)”. Below is the year-wise list of all references:

1. In re The Delhi Law Act, AIR 1951 SC 332
   
2. In re The Kerala Education Bill, AIR 1958 SC 956
   
3. In re New India Motors Ltd. v. Morris, AIR 1960 SC 875
   
4. In re Berubari (Indo-Pakistan Agreements), AIR 1960 SC 845
   
5. In re The Sea Customs Act, AIR 1963 SC 1760
   
6. In re Keshav Singh’s Case, AIR 1965 SC 745
   
7. In re Presidential Poll, AIR 1974 SC 1682
   
8. In re Special Courts Bill, AIR 1979 SC 478
   
9. In re The Cauvery Water Dispute Tribunal, AIR 1992 SC 522
   
10. In re Ram Janmabhoomi Matter, (1993) 1 SCC 642
    
11. In re Principles and Procedure regarding Appointment of Supreme Court and High Court Judges, AIR 1999 SC 1
    
12. In re Gujarat Assembly Election Matter, AIR 2003 SC 87
    
13. In re Assessment of the Criminal Justice System in Response to Sexual Offences, SMW (CRL.) No. 04 of 2019
    

Edited by Siddhant Pandey