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Article 146 Of Indian Constitution In English
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 Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President 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, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the offices and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the court shall form part of that Fund.
Article 146 In English
146 Article – Officers and servants and expenses of the Supreme Court.
(1) The officers and servants of the Supreme Court shall be appointed by the Chief Justice of India or such other judge or officer of the Court as he may direct: Provided that the President may by rule require that in such cases As may be specified in the rule, no person who is not already attached to the Court shall be appointed to any office attached to the Court except after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and employees of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or any other judge or officer. Courts authorized by the Chief Justice of India to make rules for the purpose: Provided that rules made under this section, in so far as they relate to salary, allowances, leave or pension, shall require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable in respect of or in respect of the offices and servants of the Court, shall be charged on the Consolidated Fund of India and on any fees or other moneys. The Court shall form part of that fund.
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What Is Article 146 Of Indian Constitution?
In Article 146 you see “Officers and servants and the expenses of the Supreme Court” that means (1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct: Provided that the President 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, save after consultation with the Union Public Service Commission. more above…
Article 146 Debate Summary
He further proposed that the proviso to clause (2) of the amendment should be substituted so that it is necessary that the rules relating to pay, allowances, leave or pension have the assent of the President. The debate in the assembly was based on the proposed amendments. The amendments expanded the Supreme Court’s power to appoint officers and fix their salaries, and also ensured that the court’s administrative expenses were levied on India’s revenue.
The amendments received widespread support of the Assembly. A member said that clause (1) ensures that ‘there shall be no favoritism in the matter of appointments’. A member of the drafting committee lauded the amendment for safeguarding the interests of the taxpayer as well as the independence of the judiciary. However, one member held that the requirement for the Chief Justice to obtain the President’s assent – rather than merely consult with him – violated the independence of the judiciary.
Another member concurred with him, arguing that it was not right to ‘subordinate the powers of the Supreme Court to a person entrusted with powers of an executive nature’. In response, a member stated that the need for approval was necessary as only the executive would be fully aware of the budgetary constraints of the exchequer.
The chairman of the drafting committee said the proposed amendment ensured uniformity in pay of all civil servants, as it prohibited the Chief Justice from fixing pay scales that were markedly different from the pay scales prescribed for officers of other branches of the government. Both the amendments were accepted by the Assembly. The draft Article 122 was adopted on 27 May 1949.
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