Article 290

Inter-Governmental Adjustment for Court and Commission Expenses and Pensions

Official heading: “Adjustment in respect of certain expenses and pensions”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XII, Article 290, printed pages 170–171
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Provides for reciprocal financial adjustments between the Union and States regarding administrative expenses of courts and commissions and pensions of shared officials.

2. What It Means in Everyday Language

In India’s integrated administrative and judicial structure, officials frequently serve multiple governments. For instance, High Court judges are paid by States during service, but their pensions are paid by the Union and recouped from the States.

Article 290 provides the constitutional mechanism for reciprocal financial adjustments.

If the Consolidated Fund of India or of a State pays for court expenses, commission expenses, or pensions of officials serving both tiers, the paying government is entitled to receive an agreed contribution from the other government.

If the Union and State governments fail to agree on the contribution amount, it is determined by an arbitrator appointed by the Chief Justice of India.

3. Practical Illustrative Example

Everyday Scenario:

A retired High Court judge who served across two different High Courts receives a unified pension disbursed by the Central Government.

Core takeaway: Under Article 290, the Central Government calculates the pension share attributable to each State and recovers the proportional amount from the respective State Consolidated Funds.

Illustrative Notice: Any disagreement over the accounting share is submitted to an arbitrator nominated by the Chief Justice of India, whose determination is final.

4. Important Limits, Qualifications & Exceptions

Article 290 ensures equitable cost-sharing for shared constitutional institutions.

Shared institutions: Applies to High Courts, Public Service Commissions, and inter-state bodies.
Pension adjustments: Apportions judicial and civil pensions between the Union and beneficiary States.
CJI arbitration: Provides binding arbitration by a Chief Justice of India nominee upon default of agreement.

5. Operative Constitutional Text

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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XII, Article 290, printed pages 170–171 • 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.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource