Constitution Section 290 — Adjustment in respect of certain expenses and pensions

Part XII — FINANCE, PROPERTY, CONTRACTS AND SUITS — Miscellaneous Financial Provisions

Constitutional

Summary

This section deals with sharing the cost of certain expenses or pensions between the Union and State governments. If a court or commission is paid from the Union’s main fund but serves a State’s specific needs, or if a person’s pension is paid from the Union’s fund but they worked partly for a State, then that State must contribute to those costs. Similarly, if a court or commission is paid from a State’s fund but serves the Union or another State, or if a person’s pension is paid from a State’s fund but they worked for the Union or another State, then that other government must contribute. The amount of contribution is decided by agreement, or if no agreement is reached, by an arbitrator appointed by the Chief Justice of India.

Official 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.