Article 146 of CoI : Article 146: Officers And Servants And The Expenses Of The Supreme Court

Explanation using Example

Imagine the Supreme Court of India needs to hire a new court officer. According to Article 146(1), the Chief Justice of India has the authority to appoint officers and staff. However, if the President has set rules for certain positions, the Chief Justice must consult with the Union Public Service Commission (UPSC) before hiring someone not already working for the court.

For instance, if the Chief Justice wants to appoint a new Court Librarian and this position is covered by the President's rules, the Chief Justice will have to consult with the UPSC before making the appointment.

Furthermore, under Article 146(2), the Chief Justice, or an authorized judge or officer, can make rules about the conditions of service for the court's staff. But if these rules concern salaries, allowances, leave, or pensions, they must get the President's approval before being implemented.

Lastly, Article 146(3) ensures that the Supreme Court's administrative expenses, including staff salaries and pensions, are secured as they are charged upon the Consolidated Fund of India, guaranteeing the financial autonomy necessary for the judiciary's independence.