Article 146 of the Costitution of India with Case law
Here is a detailed explanation of Article 146 of the Constitution of India, along with relevant case law:
🧾 Article 146 – Appointments and Conditions of Service of Officers and Servants of the Supreme Court
📜 Bare Text of Article 146:
(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 regulate the conditions of service of officers and servants of the Court.
(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 authorized by the Chief Justice to make rules for the purpose.
(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.
🔍 Key Points:
Appointment Authority:
The Chief Justice of India (CJI) has the power to appoint officers and staff of the Supreme Court.
He may delegate this power to another judge or officer.
Service Conditions:
President of India can make rules regulating conditions of service.
CJI also has rule-making power, subject to Parliamentary laws.
Financial Independence:
Supreme Court’s administrative expenses are charged on the Consolidated Fund of India, ensuring financial autonomy.
⚖️ Important Case Laws on Article 146:
🧑⚖️ Supreme Court Employees' Welfare Association v. Union of India, AIR 1990 SC 334
Issue: Whether Supreme Court employees are entitled to pay parity with Central Government employees.
Held: The Supreme Court has autonomy in deciding service conditions of its employees under Article 146, but the President’s rules and financial viability can also be considered.
The Court emphasized a balanced approach, recognizing both the autonomy of the judiciary and the financial framework of the government.
🧑⚖️ Union of India v. S.B. Vohra, (2004) 2 SCC 150
Issue: Whether the Delhi High Court has powers similar to the Supreme Court under Article 146 for staff appointments.
Held: Though the structure is similar, Article 229 applies to High Courts. This case reaffirmed that Article 146 is exclusive to the Supreme Court, and the CJI is the sole appointing and rule-making authority unless delegated.
🧑⚖️ All India Judges' Association v. Union of India, (1993) 4 SCC 288
Relevance: Though primarily about judges' conditions of service, the Court referred to Articles 146 and 229 to underline the independence of the judiciary in administrative matters.
🧑⚖️ Union of India v. R. Gandhi, (2010) 11 SCC 1
The Court, while discussing separation of powers and institutional independence, recognized that Article 146 is a safeguard to protect the judiciary’s administrative autonomy.
✅ Summary Table:
| Feature | Description |
|---|---|
| Appointing Authority | Chief Justice of India |
| Delegation Possible? | Yes, by the CJI |
| Rule-Making Authority | CJI and President (both have roles) |
| Financial Provision | Charged on the Consolidated Fund of India |
| Parliamentary Role | Can make laws overriding rules made by CJI |
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