Article 290 and Article 290A of the Constitution of India
Article 290 deals with adjustment of specified court or Commission expenses and pensions between the Union and States. Article 290A provides for annual payments from the Consolidated Funds of Kerala and Tamil Nadu to specified Devaswom Funds.
Current constitutional position: The official text of the Constitution continues to contain Articles 290 and 290A. Article 290A was inserted by the Constitution (Seventh Amendment) Act, 1956 with effect from 1 November 1956.
Article 290 - Adjustment in respect of certain expenses and pensions
Article 290 is a financial adjustment provision. It applies where the Constitution charges specified expenses of a court or Commission, or a qualifying pension, on the Consolidated Fund of India or the Consolidated Fund of a State, but the service or benefit concerned relates wholly or partly to another government.
Text and effect of Article 290
Where the relevant constitutional charge is on the Consolidated Fund of India, but the court or Commission serves separate needs of a State, or the person concerned served wholly or partly in connection with the affairs of a State, a contribution is payable from the State's Consolidated Fund.
Conversely, where the charge is on a State's Consolidated Fund but the court or Commission serves separate needs of the Union or another State, or the person served wholly or partly in connection with the affairs of the Union or another State, the appropriate contribution is payable from the Consolidated Fund of India or of the other State.
The amount is determined by agreement. If there is no agreement, it is determined by an arbitrator appointed by the Chief Justice of India.
Meaning of key terms
Consolidated Fund: In this context, the expression refers to the constitutional funds on which the relevant expenditure or pension is charged. Article 266 contains the general constitutional provisions concerning the Consolidated Funds and public accounts of India and the States.
Adjustment: Article 290 provides a mechanism for allocating the financial burden between governments where the constitutional charge and the governmental service or benefit do not fall entirely on the same Union or State entity.
Article 290A - Annual payment to certain Devaswom Funds
Article 290A creates specific recurring charges on the Consolidated Funds of Kerala and Tamil Nadu for the Devaswom Funds identified in the provision.
Kerala: Rs. 46,50,000 is charged on and paid every year out of the Consolidated Fund of the State of Kerala to the Travancore Devaswom Fund.
Tamil Nadu: Rs. 13,50,000 is charged on and paid every year out of the Consolidated Fund of the State of Tamil Nadu to the Devaswom Fund established in that State for maintenance of Hindu temples and shrines in the territories transferred from Travancore-Cochin on 1 November 1956.
Legislative history of Article 290A
Article 290A was inserted by section 19 of the Constitution (Seventh Amendment) Act, 1956, with effect from 1 November 1956. The present constitutional text uses the name "Tamil Nadu"; the earlier reference to "Madras" was substituted following the Madras State (Alteration of Name) Act, 1968.
Official constitutional source
For the authoritative current text and amendment footnotes, see the Legislative Department, Ministry of Law and Justice and its official publication of the Constitution of India.
This page is intended as a general legal reference. Readers should consult the official constitutional text and applicable judicial decisions for a specific legal issue.
