Article 290 Simplified: Adjustment in respect of certain expenses and pensions

Official Text

Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if— (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.

Simple Meaning

Article 290 provides a mechanism for financial adjustments between the Central and State Governments when one pays for expenses or pensions that actually served the other. It ensures that the government that benefits from a court, commission, or officer's service contributes its fair share. If they cannot agree on the payment splits, an arbitrator appointed by the Chief Justice of India will decide.

Explain Like Ten

When a government worker or judge works for both the central government and a state government, they need to share the cost of that person's retirement pay (pension). This rule explains how they split the bill.

Student Mode

Article 290 provides a mechanism for financial adjustments regarding courts, commissions, or pensions charged to the Consolidated Fund of one government (Union or State) but serving the needs of another. It requires the benefiting government to contribute its share to the paying government. In case of disagreement over the contribution amount, the dispute is resolved by an arbitrator appointed by the Chief Justice of India.

Example

If a High Court judge's pension is paid by the Central Government, but the judge served in both Karnataka and Kerala during their career, the states must contribute their share of the pension to the Central Government. If a dispute arises, the Chief Justice of India appoints an arbitrator to calculate each state's share.

Key Takeaway

Article 290 ensures fair cost-sharing between the Union and States for courts, commissions, and pensions that benefit multiple administrations.

FAQs

Who appoints the arbitrator to resolve pension sharing disputes under Article 290?

The Chief Justice of India.

What expenses are covered under Article 290?

Expenses of courts or commissions (like a joint public service commission) and pensions of officers who served both Union and State governments.

Quiz

Under Article 290, who appoints the arbitrator if the Union and a State cannot agree on expense sharing?

Answer: The Chief Justice of India

Expenses and pensions under Article 290 are paid out of:

Answer: Consolidated Funds

Related Topics

• Article 289
• Article 290a