Part V - The Union • Article

Article 146 Simplified: Officers and servants and the expenses of the Supreme Court

Article 146 safeguards judicial independence by allowing the Chief Justice of India to appoint officers and staff for the Supreme Court. It also charges all administrative expenses of the Court, including staff salaries, directly upon the Consolidated Fund of India, meaning they do not require an annual vote in Parliament.

Official Text

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission. (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President. (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

Simple Meaning

Explain Like Ten

This rule says that the courts can hire their own helpers, clerks, and officers, and pay them using government funds without the politicians interfering.

Student Mode

Protects the independence of the court's administrative machinery (e.g., Article 146/229) by vesting staffing and budget administration in the Chief Justice. Also defines subordinate judiciary control.

Example

The Chief Justice of India recruits new court registrars and stenographers without needing permission or interference from government ministries, and their salaries are paid automatically from the Consolidated Fund.

Key Takeaway

The Supreme Court appoints its own staff and its budget is protected from political votes.

FAQs

Who appoints the officers of the Supreme Court?

The Chief Justice of India or an officer designated by them.

How are the administrative expenses of the Supreme Court met?

They are charged upon the Consolidated Fund of India.

Quiz

The administrative expenses of the High Court are charged upon:

Answer: The Consolidated Fund of the State

Who controls the postings and promotions of the subordinate judiciary under Article 235?

Answer: The High Court