Part V: The Union

The Union Judiciary

Article 146: Officers and Servants and the Expenses of the Supreme Court

Overview of Article 146

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(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...

Explanations

Article 146 of the Constitution of India pertains to the appointment and administration of officers and servants of the Supreme Court, the rules governing their conditions of service, and the financial management of the Court. This Article plays a crucial role in ensuring the efficient functioning of the judiciary by empowering the Chief Justice of India (CJI) in administrative matters while maintaining accountability through required consultations with the Union Public Service Commission (UPSC) and approval from the President. It highlights the importance of financial autonomy for the Supreme Court through a direct charge on the Consolidated Fund of India.

Clause-by-Clause Explanation

(1) Appointment of Officers and Servants

The Chief Justice of India has the authority to appoint officers and servants of the Supreme Court. Alternatively, the CJI can delegate this authority to another judge or officer of the Court. However, there is a proviso to this clause, which allows the President to frame rules requiring consultation with the UPSC for appointments in certain cases, especially for positions not already attached to the Court.

(2) Conditions of Service

The conditions of service, such as salaries, allowances, leave, and pensions, for officers and servants of the Supreme Court, are prescribed by rules framed by the Chief Justice of India or any judge or officer authorized by the CJI. However, rules that deal with financial aspects like salaries or pensions require the approval of the President.

(3) Administrative Expenses of the Supreme Court

The administrative expenses of the Supreme Court, including all salaries, allowances, and pensions payable to or in respect of officers and servants, are charged upon the Consolidated Fund of India. Additionally, any fees or moneys collected by the Court become part of that Fund.

Historical Context

The framers of the Constitution recognized the importance of a financially independent judiciary, which is reflected in Article 146. The provision for administrative expenses to be charged on the Consolidated Fund of India ensures that the judiciary can function without interference from the executive branch. This financial insulation has historical precedence in constitutional law across various nations, such as the United Kingdom, where judicial independence from financial pressures is equally emphasized.

Real-Life Examples

  • Appointments in the 1980s: During the early 1980s, debates over judicial appointments highlighted the importance of transparency. The Supreme Court, through Article 146, maintained independence in appointing officers, while also adhering to consultations with UPSC, thus ensuring merit-based appointments.
  • Judicial Funding Independence: In instances where the government sought to cut funding for judicial operations, Article 146 ensured that such attempts did not affect the Court's functioning by having the expenses charged on the Consolidated Fund of India.

References

  1. The Constitution of India (Bare Act).
  2. The Contempt of Courts Act, 1971.
  3. Constitutional Law of India by H.M. Seervai.
  4. Indian Constitutional Law by M.P. Jain.

Legislative History

Article 146 of the Indian Constitution, originally introduced and deliberated as Article 122 of the Draft Constitution, was subsequently incorporated into the final text of the Indian Constitution on May 27, 1949.

Debates and Amendments

During the Constituent Assembly Debates, Dr. B.R. Ambedkar introduced an amendment to strengthen the independence of the judiciary while subjecting financial decisions to necessary checks...

Article 145 Article 147