Part VI - The States • Article

Article 229 Simplified: Officers and servants and the expenses of High Courts

Article 229 secures the administrative autonomy of High Courts. The Chief Justice has the power to appoint court officers and staff, and prescribe their conditions of service. Staff salaries, pensions, and all administrative expenses of the High Court are charged directly to the Consolidated Fund of the State, protecting the court from executive financial pressure.

Official Text

(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State *** 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 State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice 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 Governor of the State ***. (3) The administrative expenses of a High 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 the State, and any fees or other moneys taken by the Court shall form part of that Fund.

Simple Meaning

Explain Like Ten

The Chief Justice of the state has the power to hire all the clerks, helpers, and officers of the High Court and set their rules. To keep the court free from political pressure, all its expenses and salaries are paid automatically from the state's money without needing a vote by politicians.

Student Mode

Article 229 ensures the administrative autonomy of the High Court. It vests the power of staff appointments and conditions of service in the Chief Justice of the High Court (or designated judges/officers). Salaries, allowances, and pensions of High Court staff, along with all administrative expenses, are charged to the Consolidated Fund of the State, protecting them from annual legislative votes.

Example

If the State Government's finance department wants to freeze the hiring of High Court clerks, it cannot do so unilaterally. The Chief Justice of the High Court has the constitutional authority to recruit staff and determine their duties, and the staff's salaries are paid automatically from the State Treasury without a legislative vote.

Key Takeaway

Article 229 guarantees the independence of High Court administration by vesting staff management in the Chief Justice and charging court expenses to the Consolidated Fund of the State.

FAQs

Who has the power to appoint staff and officers of a High Court?

The Chief Justice of that High Court, or another judge or officer directed by the Chief Justice.

Does the Governor have any role in the service rules of High Court staff?

Yes, rules made by the Chief Justice regarding salaries, allowances, leave, or pensions require the approval of the Governor of the State.

What does 'charged upon the Consolidated Fund of the State' mean?

It means the expenditure is non-votable by the State Legislature; it must be paid automatically from the state treasury, securing financial independence.

Quiz

The rules regarding salaries and pensions of High Court staff made by the Chief Justice require the approval of:

Answer: The Governor of the State

Administrative expenses of a High Court are charged on:

Answer: The Consolidated Fund of the State