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Article 146 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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The Constitution is the supreme law of land and lays down the framework for governance. It defines the powers, roles and duties of different branches of the government. Article 146 of Indian Constitution is an important provision under Part V. Article 146 of the Indian Constitution addresses the officers and servants and the expenses of the Supreme Court.

Overview

Name of the Article

Article 146 - Officers and servants and the expenses of the Supreme Court

Part of the Constitutional Article

Part V

Interpretation of Article 146 of Indian Constitution

Article 146 of Indian Constitution states - “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 offices 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.”

Under Article 146 of Indian Constitution the Chief Justice of India (CJI) has the authority to appoint officers and staff for the Supreme Court. The authority can be delegated by the Chief Justice of India to another Judge or officer of the Court. The conditions of service for the staff of the Court are governed by rules established by the CJI or an authorized Judge or officer which outline the duties, powers and functions of the staff.

The administrative expenses of the Supreme Court including salaries, allowances and pensions for its staff are drawn from the Consolidated Fund of India. In case any fees or revenues collected by the Court are credited to this fund.

The framework ensures the judicial independence of the Supreme Court and secures its financial stability by charging administrative costs to the Consolidated Fund. It also highlights the significant role of the Chief Justice of India in overseeing the administration of the Court.

Conclusion

Article 146 of Indian Constitution is important in the establishment, appointment and management of the officers and staff of the Supreme Court. It also guarantees the financial independence of the Court and allows it to operate freely and efficiently. Article 146 strengthens the integrity and effectiveness of the Indian legal system by supporting the principles of separation of powers and safeguarding judicial independence.

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FAQs about Article 146 of Indian Constitution

Article 146 is mentioned under Part V of the Constitution of India.

Article 146 addresses the establishment, appointment, and administration of officers and staff of the Supreme Court.

The Chief Justice of India (CJI) has the authority to appoint officers and staff of the Supreme Court.

The administrative expenses including salaries, allowances and pensions for Supreme Court staff are charged to the Consolidated Fund of India.
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