State of Mysore v. R.V. Bidap

PURPOSIVE CONSTRUCTION

INTRODUCTION

Purposive Construction discusses the importance of the purport and object of the act. It states that a statute must be read in its entirety and the purport and object of the Act must be given its full effect by applying principles of purposive construction. It is the duty of the courts to accept a construction which promotes the object of the legislation and also prevents its possible abuse. Purposive construction can only be resorted to when the language of a provision is capable of more than one interpretation. Where literal construction or plain meaning may cause hardship, futility, absurdity or uncertainty, the purposive or contextual construction may be preferred to arrive at a more just, reasonable and sensible result.

{1.12, Purposive Construction, Avatar Singh}

FACTS

Shri Bidap, the Respondent, was initially appointed as a Member of the State Public Service Commission by the Governor of Mysore. While his term was still running, the Governor appointed him the Chairman of the Commission. The State held that his tenure of six years, issued to him under Article 316(2) of the Constitution, began when he was first appointed as a member and did not receive a fresh start when he was appointed as a Chairman.

ISSUE

Whether a member of a State Public Service Commission, upon appointment as Chairman, gets a fresh term of office and whether this fresh term is still subject to the maximum age limit of sixty years prescribed in Article 316(2).

RULE

• Article 316 of the Indian Constitution deals with the appointment and term of office (six years or until the age of sixty/sixty-two, whichever is earlier) of the Chairman and members of the Commission.

• Article 319 of the Indian Constitution deals with prohibitions against further employment in State service after demitting office, emphasizing the concern for the purity of the office and prevention of potential abuse of powers.

JUDGEMENT AND ANALYSIS

• The court observed that the prospect of the Executive tempting Commission Members with renewals to influence the incumbents may corrupt that institution which must zealously be kept above suspicion, a view supported by the intent of Articles 316 and 319. The court also noted that while courts traditionally frown upon the use of Constituent Assembly Debates (CADs) in interpretation (the Rule of Exclusion), they can be logically relevant in discovering purpose.

• The court analyzed the wording of Article 316(2):

  • The Article's first words are: "A Chairman is also a member."

  • The provision sanctions the holding of an office for six years "from the date on which he enters upon his office."

• The court made a distinction: Though both are members, the offices of Member and Chairman are separate offices. A Chairman has different duties and is distinct from a mere Member. The prescription of the terminus a quo in Article 316(2) for a Chairman appointed directly, or one elevated from a Member, begins when he starts functioning as a Chairman.

• The court adopted a purposive and harmonious reading with Article 319(d), which explicitly makes a Member of a State PSC, on ceasing to hold office, eligible for appointment as Chairman of that Commission.

• Harmonisation: The court held that Article 316(2) is not breached when a Member is made Chairman because the office of Member is different from the office of Chairman, thereby inaugurating a new term of six years from the date he assumes the Chairmanship.

• The Age Limit (The Decisive Factor): However, this new term is not indefinite. Article 316(2) states that the member/chairman shall hold office for a term of six years "or till he attains the age of sixty years [or sixty-two for certain PSCs], whichever is earlier."

• The court held that if the individual is appointed past the age limit, the appointment would be against the mandatory provision of Article 316(2). An appointee cannot serve indefinitely.

• Conclusion: The court upheld the view that a Member, upon elevation to Chairman, gets a fresh six-year term, but that term will be cut short if the individual surpasses the age limit prescribed in the Constitution.