Article 421 of the Costitution of India with Case law
Article 421 of the Constitution of India
Title: Power of President to require attendance of certain persons
🧾 Text of Article 421:
“The President may, for the purpose of obtaining information relating to the administration of affairs of the Union, require the attendance of any person holding or having held a post connected with the affairs of the Union, and such person shall be bound to attend and give such information as he possesses.”
✅ Explanation and Purpose:
Nature: This is an executive power provision.
Scope: It allows the President of India to summon and seek information from any person who is:
Currently holding a post connected with Union affairs, or
Has previously held such a post.
The person must comply and provide the information they possess.
🔍 Key Points:
| Feature | Detail |
|---|---|
| Who can be summoned? | Any serving or retired Union officer or person involved in Union affairs. |
| Purpose | To assist the President in matters related to governance and administration. |
| Binding Nature | Attendance and provision of information is mandatory once summoned. |
| Accountability Tool | Enables the President to exercise oversight, especially during crises or administrative challenges. |
🧑⚖️ Case Law & Judicial References:
There are very few direct judicial decisions interpreting Article 421, as it deals primarily with executive functioning. However, its spirit and principle have been acknowledged in the context of:
🔹 Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
While not citing Article 421 directly, this case discussed the extent of executive power.
Reinforced that the President acts on aid and advice but may exercise powers like summoning officials in accordance with the Constitution.
🔹 Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
Clarified that the President’s executive functions (like under Article 421) are exercised on the advice of the Council of Ministers.
So, in practice, the President summons such persons based on ministerial counsel.
⚖️ Legal Interpretation:
Article 421 is not about judicial proceedings, but executive oversight.
The President cannot punish for non-attendance under Article 421, but such defiance would result in administrative consequences (like disciplinary actions for civil servants).
🧾 Summary Table:
| Aspect | Details |
|---|---|
| Article Number | 421 |
| Applies To | Union Government officers (current/former) |
| Power Given To | President of India |
| Purpose | Obtain information about Union administration |
| Enforceability | Attendance is compulsory; administrative consequences may follow non-compliance |
| Practical Use | Rarely invoked, but remains a symbolic and administrative power of the President |
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