What is Article 290 of Indian Constitution – Defination & Meaning

Article 290: Adjustment in respect of certain expenses and pensions Where under the provisions of this Constitution the expenses of any court or Commission,
📅 Part XII – Finance, Property, Contracts and Suits
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Article Number

290

part

Part XII – Finance, Property, Contracts and Suits

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Active

Bare Acts Text

Article 290: Adjustment in respect of certain expenses and pensions

  • 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.

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Full Definition & Explanation

Article 290 of the Indian Constitution addresses the financial responsibilities of the Union and State governments regarding certain expenses and pensions. This article applies mainly to expenses incurred by courts or commissions and pensions for individuals who served before the Constitution came into effect. It deals with how these costs are to be shared between the Consolidated Fund of India and the Consolidated Fund of individual states, ensuring that financial burdens are fairly allocated based on where the services were rendered. Under this article, if a court or commission serves the needs of a state while funded by the Union’s budget, the state must contribute to those expenses. Similarly, if the funding comes from a state for services that benefit the Union or another state, the Union or that state is required to contribute. This arrangement aims to promote cooperative federalism, where both the central and state governments share fiscal responsibilities according to their respective roles and contributions. The real-world impact of Article 290 can be seen in how it fosters collaboration between different levels of government. For instance, if a retired official who served in a state government requires a pension, the state must manage those funds in coordination with the Union government. This article ensures that there is a legal framework for resolving disputes regarding these financial contributions, which can be critical for maintaining efficient governance and fiscal health across India’s diverse regions.

Historical Context

This article applies mainly to expenses incurred by courts or commissions and pensions for individuals who served before the Constitution came into effect. It deals with how these costs are to be shared between the Consolidated Fund of India and the Consolidated Fund of individual states, ensuring that financial burdens are fairly allocated based on where the services were rendered. Under this article, if a court or commission serves the needs of a state while funded by the Union’s budget, the state must contribute to those expenses. Similarly, if the funding comes from a state for services that benefit the Union or another state, the Union or that state is required to contribute.

Key Features

– Article 290 deals with financial adjustments between Union and State funds.
– It affects expenses of courts and commissions serving specific state needs.
– Pensions for individuals serving before the Constitution are also covered.
– The Chief Justice of India can appoint an arbitrator for disputes.
– It promotes cooperative federalism by sharing financial responsibilities.

Importance & Impact

– It ensures fair financial distribution for court and commission expenses.
– States contribute to expenses based on their service needs
– Pensions are managed collaboratively between Union and states
– Dispute resolution mechanisms are in place through arbitration
– It supports efficient governance across India’s federal structure

Sample UPSC Question

Which of the following statements is correct regarding Article 290 of the Indian Constitution? A. It only concerns the Union’s expenses. B. It mandates state contributions for certain pensions. C. It has been amended multiple times. D. It does not apply to commissions. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is B. Article 290 mandates that states contribute to certain expenses and pensions based on the services rendered. This reflects shared responsibilities between the Union and states. Article 290 of the Indian Constitution addresses the financial responsibilities of the Union and State governments regarding certain expenses and pensions.

Key Takeaways

✓ Article 290 outlines financial adjustments between Union and states.
✓ It applies to expenses of courts and pensions for certain individuals.
✓ Dispute resolution is managed by an appointed arbitrator.
✓ It promotes cooperation between different levels of government.
✓ The article fosters fiscal responsibility and fairness

FAQs

Article 290 of the Indian Constitution addresses the financial responsibilities of the Union and State governments regarding certain expenses and pensions. This article applies mainly to expenses incurred by courts or commissions and pensions for individuals who served before the Constitution came into effect. It deals with how these costs are to be shared between the Consolidated Fund of India and the Consolidated Fund of individual states, ensuring that financial burdens are fairly allocated based on where the.

Similarly, if the funding comes from a state for services that benefit the Union or another state, the Union or that state is required to contribute. This arrangement aims to promote cooperative federalism, where both the central and state governments share fiscal responsibilities according to their respective roles and contributions. The real-world impact of Article 290 can be seen in how it fosters collaboration between different levels of government.

The real-world impact of Article 290 can be seen in how it fosters collaboration between different levels of government. For instance, if a retired official who served in a state government requires a pension, the state must manage those funds in coordination with the Union government. This article ensures that there is a legal framework for resolving disputes regarding these financial contributions, which can be critical for maintaining efficient governance and fiscal health across India’s diverse regions.

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