‘Arbitrary court orders summoning govt officials contrary to Constitution’

In a landmark judgment on Wednesday, the Supreme Court ruled that arbitrary court orders summoning government officials during judicial proceedings violate the principles enshrined in the Constitution. The Court also established standard operating procedures (SOPs) to govern such summons.

The bench, led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, emphasised the importance of avoiding arbitrary summons in their SOPs. They clarified that courts cannot simply summon officials whose viewpoints differ from their own.

Furthermore, the Court condemned the practice of making humiliating remarks or observations towards officers during proceedings. In a concrete example, the top court overturned Allahabad High Court orders that had led to the detention of two Uttar Pradesh finance department secretaries.

Earlier, the bench had announced its intention to create national guidelines for courts to follow when summoning government officials. This judgment establishes those guidelines and underscores the need for a balanced approach that respects both judicial authority and the functioning of the executive branch.