Article 146 and Article 147 of the Constitution of India
Articles 146 and 147 form the concluding provisions of Chapter IV of Part V of the Constitution dealing with the Supreme Court of India. Article 146 governs the appointment and service conditions of Supreme Court officers and servants and the Court's administrative expenses. Article 147 contains a special rule of interpretation for substantial questions of constitutional law.
Updated: 19 September 2026
Article 146 - Officers and servants and the expenses of the Supreme Court
Article 146 establishes the constitutional framework for the Supreme Court Registry and its staff. It gives the Chief Justice of India primary authority over appointments and rule-making for service conditions, subject to the qualifications expressly stated in the Constitution and to any law made by Parliament.
Clause (1): Appointment of officers and servants
Appointments of officers and servants of the Supreme Court are made by the Chief Justice of India, or by another Judge or officer of the Court whom the Chief Justice directs. The proviso permits the President, by rule, to require consultation with the Union Public Service Commission in specified cases where a person who is not already attached to the Court is proposed to be appointed to an office connected with the Court.
Clause (2): Conditions of service
Subject to any law made by Parliament, the conditions of service of Supreme Court officers and servants may be prescribed by rules made by the Chief Justice of India, or by a Judge or officer authorised by the Chief Justice for that purpose. Rules relating to salaries, allowances, leave or pensions require the approval of the President.
Clause (3): Administrative expenses
The administrative expenses of the Supreme Court, including salaries, allowances and pensions payable to or in respect of its officers and servants, are charged upon the Consolidated Fund of India. Fees and other moneys received by the Court form part of that Fund.
Current service rules: The Supreme Court of India publishes the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961 and subsequent amendments on its official website. These rules provide the operational service framework under the constitutional authority reflected in Article 146.
Article 147 - Interpretation
Article 147 is an interpretative provision. For Chapter IV of Part V, which deals with the Union Judiciary, and Chapter V of Part VI, which deals with the High Courts in the States, a reference to a substantial question of law concerning interpretation of the Constitution also includes a substantial question concerning interpretation of specified pre-Constitution enactments and instruments.
These include the Government of India Act, 1935, including enactments amending or supplementing it; any Order in Council or order made under that Act; the Indian Independence Act, 1947; and orders made under that Act. The provision preserves the relevance of questions concerning these constitutional-transition instruments when determining whether a substantial question of constitutional interpretation arises.
Meaning and legal significance
Officers and servants of the Supreme Court refers to the personnel forming the Court's administrative and Registry establishment. Article 146 constitutionally locates significant control over appointment and service rules with the Chief Justice of India while preserving Parliament's legislative power and the President's specified approval role.
Charged upon the Consolidated Fund of India means that the Supreme Court's administrative expenditure described in Article 146(3) is charged expenditure from the Consolidated Fund. This constitutional arrangement supports the institutional administration of the Court.
Substantial question of law as to interpretation in Article 147 has an extended meaning for the two specified constitutional chapters. It is not confined only to the text of the Constitution but expressly reaches the historical enactments and orders named in Article 147.
Related Supreme Court provisions
Articles 146 and 147 should be read with the other provisions in Chapter IV of Part V dealing with the Supreme Court, including Articles 141 and 142, Articles 143 and 144 and Article 145.