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What is Constitution Of India Article 146?

Answer By law4u team

Constitution Of India 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 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.

Brief Detail

Article 146 deals with the appointment of officers and servants of the Supreme Court, their service conditions, and the Court's administrative expenses. The appointments are made by the Chief Justice, subject to the approval of the President for rules relating to salaries and pensions. Additionally, the expenses of the Supreme Court are charged to the Consolidated Fund of India.

Question & Answers

Who is responsible for appointing the officers and servants of the Supreme Court under Article 146?

The Chief Justice of India or any other Judge or officer authorized by him is responsible for appointing the officers and servants of the Supreme Court.

What is the source of funding for the administrative expenses of the Supreme Court?

The administrative expenses, including salaries, allowances, and pensions, are charged to the Consolidated Fund of India.

Example

An example would be the President's requirement for consultation with the Union Public Service Commission when appointing certain officers to the Supreme Court, ensuring transparency and fairness in the selection process.

Summary

Article 146 outlines the procedures for appointing officers to the Supreme Court, their service conditions, and the funding of the Court's administrative expenses, which are drawn from the Consolidated Fund of India.

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