What is Article 146 of Indian Constitution – Defination & Meaning

Article 146: Officers and servants and the expenses of the Supreme Court (1) Appointments of officers and servants of the Supreme Court shall be made by the
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

146

part

Part V – The Union

Status

Active

Full Definition & Explanation

Article 146 of the Indian Constitution outlines how appointments of officers and servants of the Supreme Court are made. The Chief Justice of India is responsible for these appointments, or he can delegate this authority to another judge or officer. This ensures that the highest court in India maintains its efficiency by having qualified personnel managing its operations. A unique aspect of this article is that it provides that the President of India can require that consultations with the Union Public Service Commission occur before appointing any new personnel not already attached to the Court. This means that the appointments process is not solely a matter of internal court administration, but also involves a major national body, ensuring transparency and meritocracy. Additionally, Article 146 specifies the conditions of service for officers and servants of the Supreme Court. These conditions can be shaped by rules made by the Chief Justice or an authorized judge. However, any rules related to salaries, allowances, leave, or pensions must receive the President’s approval. This provision ensures that while the Court has autonomy in managing its staff, it still operates within a framework overseen by the executive branch of the government, which can help prevent misuse of power. Lastly, the article states that all administrative expenses of the Supreme Court, including salaries and pensions, will be charged to the Consolidated Fund of India. This means that public funds are used to support the Court’s operations, making it accountable to the public. Any fees collected by the Court will also contribute to this fund. This structure reinforces the principle that the judiciary is funded by the state, yet it operates independently to uphold justice in the country.

Historical Context

Article 146 was part of the original Constitution adopted on January 26, 1950. It has remained unchanged since then, reflecting the need for a structured approach to the Supreme Court’s administrative functions. The article ensures that the Supreme Court’s officers and servants are appointed in a manner that preserves their integrity and independence. Key Supreme Court cases, such as the 1980 case of ‘All India Judges Association vs. Union of India’, have emphasized the need for proper administrative support for effective judicial functioning.

Key Features

– The Chief Justice of India manages appointments of Court officers and servants.
– Consultation with the Union Public Service Commission is required for certain appointments.
– Conditions of service are set by rules approved by the Chief Justice.
– The President must approve rules concerning salaries and pensions.
– Administrative expenses are charged to the Consolidated Fund of India.

Importance & Impact

– Transparent appointment processes enhance the integrity of the Supreme Court.
– Rules for service conditions ensure fair treatment of court employees.
– Presidential approval adds an oversight mechanism for salary-related rules
– Public funding of the Supreme Court supports judicial independence
– Consultation with the UPSC promotes merit-based appointments

Sample UPSC Question

Consider the following statements about Article 146: 1. The Chief Justice appoints officers and servants of the Supreme Court. 2. Service conditions of Supreme Court staff are governed by rules made by Parliament alone. 3. Salaries of Supreme Court staff are charged to the Consolidated Fund of India. 4. Article 146 ensures administrative independence of the Supreme Court from the executive. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2, 3 and 4

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 146(1). Statement 2 is wrong — the Supreme Court itself makes service condition rules under Article 146(2) with Presidential approval; Parliament has a supplementary role. Statement 3 is correct per Article 146(3). Statement 4 is correct — administrative independence is the core purpose of Article 146.

Key Takeaways

✓ The Chief Justice manages appointments of Supreme Court staff.
✓ Consultation with UPSC is required for certain appointments.
✓ Conditions of service are set by rules approved by the President.
✓ Administrative expenses come from the Consolidated Fund
✓ Public funding ensures the Court’s independence and accountability.

FAQs

Article 146 of the Indian Constitution outlines how appointments of officers and servants of the Supreme Court are made. The Chief Justice of India is responsible for these appointments, or he can delegate this authority to another judge or officer. This ensures that the highest court in India maintains its efficiency by having qualified personnel managing its operations.

These conditions can be shaped by rules made by the Chief Justice or an authorized judge. However, any rules related to salaries, allowances, leave, or pensions must receive the President’s approval. This provision ensures that while the Court has autonomy in managing its staff, it still operates within a framework overseen by the executive branch of the government, which can help prevent misuse of power.

This means that public funds are used to support the Court’s operations, making it accountable to the public. Any fees collected by the Court will also contribute to this fund. This structure reinforces the principle that the judiciary is funded by the state, yet it operates independently to uphold justice in the country.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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