Officers and servants and the expenses of High Courts
Article 229 — Officers and servants and the expenses of High Courts
Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State 2*** may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State 2***. (3) The administrative expenses of a High 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 the State, and any fees or other moneys taken by the Court shall form part of that Fund. 230. Extension of jurisdiction of High Courts to Union territories.—(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory. (2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,—
- (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and
- (b) the reference in article 227 to the Governor shall, in relation to
any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.
Plain English Summary
This article deals with how the High Court appoints its staff and sets their terms of service. It also states that the expenses of the High Court are paid from the State's main fund. Furthermore, Parliament has the power to change which Union territories a High Court has jurisdiction over.
Key Points
- The Chief Justice or other judges appoint the officers and servants of the High Court.
- The Governor can require consultation with the State Public Service Commission before appointing new staff.
- Rules for salaries, allowances, leave, and pensions must get approval from the Governor.
- The administrative expenses of the High Court are charged to the State's Consolidated Fund.
Why It Matters
This article establishes the structure for managing the personnel and finances of a High Court, ensuring accountability through state-level oversight regarding appointments and expenditure.
Landmark Judgements
No major landmark judgements.