Case Note & Summary
The case involved a Reference under Article 317(1) of the Constitution of India initiated by the President concerning alleged misbehaviour of Dr. H.B. Mirdha, the then Chairman of the Orissa Public Service Commission. The Supreme Court was approached to clarify the maintainability of this Reference, particularly focusing on the procedural requirements under Article 74 regarding the advice of the Council of Ministers. The court noted that essential factual information was missing and required the Union of India to provide clarity on whether any advice was given to the President before making the Reference. The court framed several issues for consideration, including the timing of the applicability of Article 74 in relation to the Reference under Article 317(1) and whether such a Reference must be preceded by the Council of Ministers' advice. The court scheduled a follow-up hearing after four weeks to address these issues once the necessary information was provided.
Headnote
A) Constitutional Law - Presidential Reference - Applicability of Article 74 - Constitution of India, 1950, Articles 317(1), 74 - The court sought clarification on whether the President's Reference under Article 317(1) required prior advice from the Council of Ministers as per Article 74. The court reserved orders pending the Union of India's response regarding any advice given before the Reference was made. Held that further clarification is necessary to address the preliminary objections raised (Paras 1-2).
Issue of Consideration
Whether the applicability of Article 74 of the Constitution is attracted to a Reference made by the President under Article 317(1) of the Constitution.
Final Decision
The court reserved orders pending the Union of India's response regarding the advice given to the President before the Reference was made.
Law Points
- Constitutional law
- Article 317
- Article 74
- Presidential powers
- Council of Ministers' advice
