Officers, Servants and Expenses of the Supreme Court
Official heading: “Officers and servants and the expenses of the Supreme Court”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 146, printed pages 67–68
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Article 146 vests the appointment and service conditions of Supreme Court officers and servants in the Chief Justice of India, and mandates that all administrative expenses of the Court are charged upon the Consolidated Fund of India.
2. What It Means in Everyday Language
Article 146 secures the administrative and operational independence of the Supreme Court from executive interference.
Clause (1) provides that appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer as the CJI may direct. The President may by rule require consultation with the Union Public Service Commission in specified cases.
Clause (2) empowers the Chief Justice of India (or authorized judge/officer) to make rules governing conditions of service of officers and servants of the Court, subject to parliamentary law. Rules relating to salaries, allowances, leave, or pensions require the approval of the President.
Clause (3) is the financial guarantee: 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.
Any court fees or other moneys received by the Court form part of the Consolidated Fund.
This ensures that the executive cannot starve the judiciary of administrative staff or financial operational resources.
3. Practical Illustrative Example
The Union Ministry of Finance seeks to withhold funds allocated for hiring specialized registry staff and judicial law clerks for the Supreme Court.
4. Important Limits, Qualifications & Exceptions
Article 146 guarantees institutional autonomy in staffing and administrative funding.
- Chief Justice of India controls recruitment and appointment of all court staff.
- Administrative expenses are charged upon the Consolidated Fund of India.
- Insulates the judicial machinery from bureaucratic executive control.
- Presidential approval required only for rules altering staff salary and pension scales.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 146, printed pages 67–68 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.