Order XLIII - Reference made by the President under Article 317(1)
of the Constitution or any statute : Supreme Court Rules 2013
How to deal with Reference made by the President under Article
317(1) of the Constitution or any statute or Governor under any
Statute? Order XLIII of Supreme Court Rules 2013
Order XLIII of Supreme Court Rules 2013 : "Reference made by
the President under Article 317(1) of the Constitution or any
statute or Governor under any Statute"
1. On receipt by the Registrar of reference from the
President under article 317(1) of the Constitution or any
Statute or from Governor under any statute, referring to the
Court, grounds for inquiry, it shall be registered in the
Register maintained for the purpose and numbered as "Reference
No of 20 under [Article 317(1) of the Constitution/Section and
Name of the Act under which the reference is made].
2. As soon as the reference is registered and numbered, the
Registrar shall give notice to the person sought to be removed
from the concerned office and to the Attorney-General for India,
or the Advocate-General of the particular State or to such
person as the statute under which the reference is made so
provides, to appear before the Court on a day specified in the
notice to take the directions of the Court in the matter of the
inquiry. A copy of the charges preferred against him along with
the documents relied upon, shall be furnished to the respondent
along with the notice.
3. The Court may devise its own procedure for hearing of the
4. The Court may summon such witnesses as it
5. After the hearing of the reference the Registrar shall
transmit to the President or the Governor, as the case may be,
the Report of the Court.
6. No Court fees or process fees shall be payable in
connection with any reference dealt with by the Court under this