Constitution Section 146 — Officers and servants and the expenses of the Supreme Court

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

The Chief Justice of India appoints the staff of the Supreme Court, or can direct another judge or officer to do so. However, the President can make rules requiring that, in certain cases, the Union Public Service Commission must be consulted before appointing anyone who is not already working at the Court. The working conditions of Supreme Court staff are set by rules made by the Chief Justice or an authorised judge or officer, but rules about salaries, allowances, leave, or pensions need the President’s approval. All administrative expenses of the Supreme Court, including staff salaries and pensions, are paid from the Consolidated Fund of India, and any fees or money the Court collects also goes into that Fund.

Official Text

(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 officers 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.