Article 146 of CoI : Article 146: Officers and servants and the expenses of the Supreme Court.

Explanation using Example

Example 1:

Scenario: Appointment of a Court Clerk

Situation: The Chief Justice of India decides to appoint a new court clerk for the Supreme Court. The Chief Justice delegates this responsibility to another senior judge.

Application of the Act:

1. The senior judge, following the Chief Justice's direction, selects a suitable candidate for the position of court clerk.
2. However, the President has issued a rule that any new appointment to the Supreme Court must be made after consulting the Union Public Service Commission (UPSC).
3. The senior judge consults the UPSC, which reviews the candidate's qualifications and suitability for the role.
4. After receiving a positive recommendation from the UPSC, the senior judge finalizes the appointment of the new court clerk.

Outcome: The new court clerk is appointed following the proper procedure, ensuring compliance with Article 146.

Example 2:

Scenario: Determining Salaries and Allowances

Situation: The Supreme Court needs to revise the salaries and allowances of its officers and servants.

Application of the Act:

1. The Chief Justice of India drafts new rules regarding the revised salaries and allowances.
2. These rules are then sent to the President for approval, as required by Article 146(2).
3. The President reviews the proposed changes and approves them, ensuring they are in line with the broader financial policies of the government.
4. Once approved, the new salary structure is implemented, and the officers and servants of the Supreme Court receive their revised pay.

Outcome: The salaries and allowances are revised in accordance with the legal requirements, maintaining transparency and adherence to the Constitution.

Example 3:

Scenario: Funding Administrative Expenses

Situation: The Supreme Court incurs various administrative expenses, including salaries, allowances, and pensions for its staff.

Application of the Act:

1. All administrative expenses, including salaries, allowances, and pensions, are charged upon the Consolidated Fund of India as per Article 146(3).
2. The Supreme Court submits its budgetary requirements to the government, which includes these expenses.
3. The government allocates the necessary funds from the Consolidated Fund of India to cover these expenses.
4. Any fees or other moneys collected by the Supreme Court are also deposited into the Consolidated Fund of India.

Outcome: The administrative expenses of the Supreme Court are funded appropriately, ensuring the smooth functioning of the judiciary without financial constraints.