NEW DELHI: Should the Supreme Court's decision on Presidential reference be treated as an advisory opinion and not as a “law declared” under Article 141 of the Constitution?

Senior advocate Vijay Hansaria said the SC's opinion on the Presidential reference does not bind the executive or the courts in the same way as a judgment delivered in an adversarial litigation but it has high persuasive authority and high authoritative value.

\"The advisory opinion does not displace existing precedent unless subsequently overruled in a regular adversarial judgment,\" he said.

The senior counsel cited several key cases, including In re Berubari Union (1960), wherein it was held that Article 143 opinion is advisory and not enforceable as a decree.

He also cited Special Reference No. 1 of 1964 (Kesha

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