Article 442 of the Costitution of India with Case law
🇮🇳 Article 442 of the Constitution of India
Subject: Power of the President to require attendance of Ministers
🔹 Bare Text of Article 442:
"For the purpose of enabling each of the two Houses of Parliament to exercise the powers conferred upon them by this Constitution, the President may, from time to time, require any Minister who is not a member of the House to attend for the purpose of giving information regarding any matter."
🧩 Explanation:
Article 442 empowers the President of India to require any Union Minister (who is not a member of either House) to appear before Lok Sabha or Rajya Sabha to provide information on any matter concerning the government.
| Aspect | Detail |
|---|---|
| Purpose | To ensure parliamentary oversight and accountability. |
| Applies to | Union Ministers who are not members of the concerned House. |
| Scope | The Minister may be required to give information, but not to vote or participate in debates. |
| Type of Article | Procedural, supportive of legislative control over the executive. |
🧑⚖️ Case Law:
There are no major Supreme Court decisions directly on Article 442, as it is a procedural provision with limited application. However, related principles have been upheld in cases dealing with:
🔸 1. Rai Sahib Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
Relevance: Established the relationship between the Executive and Legislature.
Held: Even though the executive governs, it is accountable to the Parliament, which is in line with the purpose of Article 442 — ensuring that Ministers answer to Parliament.
🔸 2. M. Karunanidhi v. Union of India, (1979) 3 SCC 431
Discusses the accountability of ministers and the balance of power between legislative and executive branches, indirectly reflecting the importance of mechanisms like Article 442.
🏛️ Practical Implication:
Article 442 is rarely invoked, but:
It supports transparency by allowing Parliament to question Ministers, even if they are not elected MPs.
This often happens when Ministers are appointed from the Rajya Sabha or before an elected MP is sworn in.
📌 Example:
If the Finance Minister is a Rajya Sabha member, and the Lok Sabha demands an explanation on the Union Budget, Article 442 allows the President to require the Minister to appear before Lok Sabha to give the necessary information.
🧭 Related Articles:
| Article | Subject |
|---|---|
| Article 75(5) | A Minister who is not an MP for 6 months ceases to be a Minister. |
| Article 88 | Rights of Ministers and Attorney General to speak and participate in Parliament proceedings. |
| Article 78 | Duty of the Prime Minister to communicate decisions to the President. |
✅ Conclusion:
Article 442 is a procedural safeguard to uphold parliamentary accountability. It enables the President to ensure that even non-elected Ministers provide information to Parliament, maintaining the spirit of responsible government.
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