Actual Article
Article 229: Officers and servants and the expenses of High Courts
- 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, except after consultation with the State Public Service Commission.
- 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 authorized by the Chief Justice to make rules for the purpose.
- 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.
UPSC Notes for Article 229
Explanation:
- Appointment of Staff: Article 229 grants the Chief Justice of each High Court the authority to appoint officers and servants of the High Court. This provision ensures that the Chief Justice has direct control over the staffing of the court, promoting judicial independence and efficient administration.
- Governor’s Consultation Role: The Governor of the state can require that certain appointments be made in consultation with the State Public Service Commission, particularly for positions not already attached to the court. This ensures a balance between judicial independence and adherence to state regulations.
- Service Conditions: The conditions of service for the High Court staff are determined by rules made by the Chief Justice, subject to any state legislation. This allows for the creation of tailored service conditions that meet the specific needs of the judiciary while remaining within the framework of state laws.
- Funding: The administrative expenses of the High Courts, including salaries and pensions of their staff, are charged upon the Consolidated Fund of the State. This provision secures the financial autonomy and stability of the High Courts, ensuring they have the necessary resources to function effectively.
Key Points:
- Judicial Independence: Direct control over the appointment and service conditions of High Court staff by the Chief Justice is crucial for maintaining judicial independence and ensuring the effective functioning of the court.
- Financial Security: By charging the administrative expenses to the Consolidated Fund of the State, the Constitution ensures that High Courts have a stable financial base, free from political interference.
Important Cases and Commissions Related to Article 229
Cases:
- Union of India vs. Sankalchand Himatlal Sheth (1977): This case highlighted the importance of judicial independence and the role of the Chief Justice in managing the affairs of the High Court, including appointments and service conditions of its staff.
Commissions:
- Law Commission of India: May have examined the administrative and financial autonomy of High Courts, providing recommendations to strengthen these aspects to ensure efficient judicial administration.
Important Reports Related to Article 229:
- Administrative Reforms Commission: Could have explored the balance between judicial autonomy and state oversight in the context of High Court administration, suggesting measures to enhance judicial efficiency and accountability.
Previous Year Prelims Questions Related to Article 229
- (UPSC Prelims 2016) Who has the authority to appoint officers and servants of the High Court under Article 229?
- A. The President of India
- B. The Governor of the State
- C. The Chief Justice of the High Court
- D. The Chief Minister of the State Correct Answer: C. The Chief Justice of the High Court
- (UPSC Prelims 2018) The administrative expenses of a High Court are charged upon which fund?
- A. Consolidated Fund of India
- B. Contingency Fund of India
- C. Consolidated Fund of the State
- D. Public Account of India Correct Answer: C. Consolidated Fund of the State
Previous Year Mains Questions Related to Article 229
- Mains 2016: “Discuss the significance of Article 229 in ensuring the administrative and financial independence of the High Courts in India.”
- Mains 2019: “Evaluate the role of the Chief Justice in managing the appointments and service conditions of the High Court staff under Article 229.”
Additional Insights:
- Administrative Control and Efficiency: Article 229 ensures that the High Courts have the administrative control necessary to function efficiently, with the Chief Justice playing a pivotal role in overseeing the court’s operations.
- Balancing Autonomy with Oversight: The provision for the Governor’s consultation ensures a balance between the autonomy of the judiciary and the oversight necessary to maintain transparency and adherence to state regulations.
Understanding Article 229 is crucial for UPSC aspirants as it highlights the mechanisms that ensure the administrative and financial independence of High Courts, reflecting the importance of judicial autonomy in the broader framework of governance. This knowledge is essential for both preliminary and main examinations, providing insights into the structure and functioning of the judiciary.