Adjustment in respect of certain expenses and pensions
Article 290 — Adjustment in respect of certain expenses and pensions
Where under the provisions of this Constitution the expenses of any court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if—
- (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or
- (b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India. 290A. Annual payment to certain Devaswom Funds.—A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of 2[Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.]
Plain English Summary
This article deals with how money for court expenses or pensions is paid when it involves both the central government (Union) and a state. It specifies which fund (Central or State) should pay for these expenses based on whether the work relates to the interests of different states or the Union itself.
Key Points
- If a charge is on the Central Government's fund, but the court/person serves a State's interest, the State must contribute.
- If a charge is on a State's fund, but the court/person serves the Union or another State's interest, the relevant fund (State or the other State's fund) must pay.
- The contribution amount will be agreed upon or determined by an arbitrator appointed by the Chief Justice of India.
- There are specific annual payments mandated for certain Devaswom Funds in Kerala and Tamil Nadu.
Why It Matters
This article ensures that financial responsibilities related to judicial functions and pensions are clearly distributed between the Union and the States, preventing confusion over who should bear the cost.
Landmark Judgements
No major landmark judgements.