Actual Article
Article 146: Officers and servants and the expenses of the Supreme Court
- Appointments of Officers and Servants:
- 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.
- Conditions of Service and Duties:
- 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 authorized by the Chief Justice of India to make rules for the purpose.
- The rules made under this clause may provide for the duties, powers, and functions of the officers and servants.
- Expenses of the Supreme Court:
- 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.
UPSC Notes for Article 146
Explanation:
- Appointments:
- The Chief Justice of India (CJI) has the authority to appoint officers and servants of the Supreme Court.
- The CJI can delegate this power to another Judge or officer of the Court.
- Conditions of Service:
- The conditions of service for Supreme Court staff are determined by rules made by the CJI or an authorized Judge or officer.
- These rules can specify the duties, powers, and functions of the staff.
- Administrative Expenses:
- The administrative expenses of the Supreme Court, including salaries, allowances, and pensions of its staff, are charged to the Consolidated Fund of India.
- Any fees or other revenues collected by the Court become part of the Consolidated Fund of India.
Key Points:
- Judicial Independence: Ensures that the Supreme Court has the autonomy to manage its own staff, promoting efficiency and independence.
- Financial Security: By charging administrative expenses to the Consolidated Fund of India, the financial stability and independence of the Supreme Court are secured.
- Authority of CJI: Reinforces the central role of the Chief Justice of India in the administration of the Supreme Court.
Important Cases and Commissions Related to Article 146
Cases:
- Supreme Court Employees’ Welfare Association vs. Union of India (1989): The Supreme Court addressed issues related to the service conditions and welfare of its employees, emphasizing the importance of rules set by the Chief Justice.
- All India Judges’ Association vs. Union of India (1992): While primarily addressing the conditions of service for judges, this case highlighted the broader context of judicial administration, including staff welfare.
Commissions:
- Law Commission of India: Reports have discussed the administrative and financial aspects of the judiciary, emphasizing the need for autonomy and adequate resources.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the administrative efficiency and independence of the judiciary, including the role of the Chief Justice in managing the Supreme Court’s staff.
Previous Year Prelims Questions Related to Article 146
- (UPSC Prelims 2016) Who has the authority to appoint officers and servants of the Supreme Court?
- A. The President of India
- B. The Chief Justice of India
- C. The Prime Minister of India
- D. The Attorney General of India Correct Answer: B. The Chief Justice of India
- (UPSC Prelims 2019) The administrative expenses of the Supreme Court are charged upon:
- A. The Contingency Fund of India
- B. The Public Account of India
- C. The Consolidated Fund of India
- D. The Reserve Bank of India Correct Answer: C. The Consolidated Fund of India
Previous Year Mains Questions Related to Article 146
- Mains 2016: “Discuss the significance of Article 146 in ensuring the administrative and financial independence of the Supreme Court. How does this article empower the Chief Justice of India in managing the Court’s staff and expenses?”
- Mains 2019: “Analyze the role of the Chief Justice of India under Article 146 in the appointment and management of Supreme Court staff. How does this provision contribute to the effective functioning of the judiciary?”
Additional Insights:
- Administrative Autonomy: Article 146 grants the Supreme Court administrative autonomy, enabling it to manage its affairs independently and efficiently.
- Financial Independence: By securing funding through the Consolidated Fund of India, the Supreme Court’s operations are protected from financial constraints or political influence.
- Role of Chief Justice: The provision underscores the pivotal role of the Chief Justice of India in ensuring the smooth functioning and administration of the Supreme Court.
Understanding Article 146 is crucial for UPSC aspirants as it outlines the administrative and financial provisions for the Supreme Court, ensuring its independence and effective functioning. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the judiciary’s autonomy and operational efficiency in India.