Reference by the President under Article 317(1) or a Statute - Order XLIII
Order XLIII of the Supreme Court Rules, 2013 governs references sent to the Supreme Court by the President of India under Article 317(1) of the Constitution or another statute, or by a Governor under a statute. It covers registration, notice, inquiry, witnesses, transmission of the report and fees.
Constitutional and statutory framework
Article 317(1) of the Constitution concerns removal of the Chairman or another member of a Public Service Commission on grounds of misbehaviour. Removal on this ground is by order of the President after the Supreme Court, on a reference made by the President, has held an inquiry under the procedure prescribed in that behalf under Article 145 and reported that the person ought to be removed. The Court's role is to inquire and report; the removal power belongs to the President in accordance with Article 317.
Statutory references arise where a particular enactment authorises a reference by the President or a Governor to the Supreme Court. The applicable enactment defines the office, grounds and legal conditions; Order XLIII provides the procedural framework.
Order XLIII: Complete Rules 1 to 6 with explanation
Rule 1: Registration and numbering
Text of Rule 1. On receipt by the Registrar of reference from the
A reference is an institutional request for inquiry, not an ordinary appeal or a private petition. The Registry enters the matter in its dedicated register, identifies the constitutional article or enabling statute and allocates a reference number.
Rule 2: Notice and supply of charges
Text of Rule 2. As soon as the reference is registered and numbered, the
Notice safeguards the opportunity to respond. The person whose removal is under consideration receives the charges and relied-upon documents; the specified law determines whether the Attorney-General, Advocate-General or another designated person is notified.
Rule 3: Procedure for inquiry
Text of Rule 3. The Court may devise its own procedure for hearing of the
The Court controls the mode of inquiry, including directions on pleadings, documentary material, evidence and hearings. The procedure is shaped by the nature of the reference and applicable law.
Rule 4: Summoning of witnesses
Text of Rule 4. The Court may summon such witnesses as it
The Court may call witnesses when their evidence is needed for the inquiry; parties should comply with directions about production of records and witness attendance.
Rule 5: Report to President or Governor
Text of Rule 5. After the hearing of the reference the Registrar shall
The outcome is communicated as the Court's report to the referring constitutional authority, rather than being treated as an ordinary civil decree.
Rule 6: Exemption from fees
Text of Rule 6. No Court fees or process fees shall be payable in
The Order exempts these references from court fees and process fees. This is a specific procedural exemption for proceedings within Order XLIII.
Procedure in brief
Once the competent constitutional authority sends the grounds of inquiry, the Registry registers and numbers the reference. The person concerned and the designated law officer or statutory participant are notified, with the charges and relied-upon documents supplied to the respondent. The Supreme Court determines the procedure, may summon witnesses, conducts the inquiry and sends its report to the President or Governor, as applicable. No court fees or process fees are payable for a reference governed by this Order.
The procedural provisions should be read together with the relevant constitutional article or enabling statute, any applicable amendments, and current Supreme Court directions. References under Article 317(1) are distinct from advisory references under Article 143.