Supreme Court Rules, 2013 | Order XLIV
Order XLIV: Reference by the Central Government or Statutory Tribunal under Statutes
Order XLIV lays down the procedure for statutory references made to the Supreme Court by the Central Government or a statutory tribunal, particularly where an enabling Act provides for an inquiry into removal from office.
Meaning and legal basis
A statutory reference is a matter placed before the Supreme Court under an express provision of an Act of Parliament. It is distinct from an ordinary appeal, special leave petition or a reference by the President under Article 143 of the Constitution. The authority making the reference must identify the enabling provision, meaning the section of the relevant Act that permits or requires such a reference.
The Supreme Court Rules, 2013 are framed under Article 145 of the Constitution of India, subject to the Constitution and applicable law. Order XLIV addresses the submission, notice, inquiry, evidence, decision and communication of statutory references. The substantive grounds for removal must come from the particular enabling Act, not Order XLIV itself.
- Rule 1: Forwarding the reference
- Rule 2: Facts, charges and grounds
- Rule 3: Copies and authenticated records
- Rule 4: Registration and court fee
- Rule 5: Notice and written defence
- Rule 6: Inquiry and evidence
- Rule 7: Right to representation
- Rule 8: Witness allowances
- Rule 9: Decision and costs
- Rule 10: Communication of order
- Rule 11: Application of other rules
- Rule 12: Power to determine procedure
Procedure under Order XLIV: Rules 1 to 12
Rule 1: Forwarding the reference
A reference can be made only where an Act expressly enables the Central Government or a statutory tribunal to refer the matter to the Supreme Court. It must be forwarded to the Registrar of the Court.
Rule 2: Facts, charges and grounds
The reference must set out the relevant facts, definite charges against the office-holder whose removal is sought under the enabling statute, and the grounds supporting each charge.
Rule 3: Copies and authenticated records
The referring authority must transmit seven copies of the reference and eight copies of English transcripts of documents relating to the grounds for removal. One copy of the documentary transcript must be duly authenticated.
Rule 4: Registration and court fee
The Registry enters the matter in the appropriate register and assigns a reference number identifying the year and the section and name of the enabling Act. No court fee is payable on the reference.
Rule 5: Notice and written defence
Under Rule 5(1), the Registrar issues notice requiring the person concerned, within four weeks of service, to file a written defence with seven copies and indicate whether a personal hearing is desired. Documents under Rules 2 and 3 accompany the notice. Under Rule 5(2), notice of the deadline is also given to the Attorney-General for India and the referring authority.
Rule 6: Inquiry and evidence
After the defence is filed or its deadline expires, the Court fixes the inquiry. It may proceed in the person's absence if the person does not appear. Supporting oral and documentary evidence is recorded; oral evidence may be taken by affidavit or commission as directed. The person concerned can cross-examine witnesses. Defence evidence follows, with cross-examination by the other side. Rules governing evidence in suits apply so far as practicable.
Rule 7: Right to representation
The person whose removal is sought has the right to be defended.
Rule 8: Witness allowances
A witness summoned to testify or produce documents or things receives travelling and daily allowances at rates fixed by the Court.
Rule 9: Decision and costs
Following the inquiry, the Court may make its order immediately or on another fixed day and may make an appropriate order regarding costs.
Rule 10: Communication of order
After the order is announced, the Registrar sends a copy to the Central Government or statutory tribunal.
Rule 11: Application of other rules
Other Supreme Court Rules apply, so far as practicable, unless Order XLIV provides otherwise.
Rule 12: Power to determine procedure
Notwithstanding the rules, the Supreme Court may devise another procedure for hearing and deciding the reference.
Practical points for preparing a reference
The referring authority should confirm statutory jurisdiction, specify the precise charges and supporting grounds, prepare the prescribed sets of documents and authenticated English transcripts, and identify the applicable enabling Act. The person concerned should examine the notice and enclosed records, file a defence within the four-week period prescribed by Rule 5, and identify evidence and witnesses relevant to the inquiry.
Important distinction: Order XLIV is procedural. Whether removal is legally permissible, what misconduct or incapacity must be proved, and any additional safeguards depend on the relevant statute and constitutional provisions.
Official sources
Consult the Supreme Court of India - Supreme Court Rules and amendments for the official Rules, 2013 and subsequent notifications. For the applicable enabling legislation, consult India Code and the Gazette of India. Check any later amendments and Registry directions before relying on procedural requirements.