📜 Article 229 of the Indian Constitution
Title: Officers and servants and the expenses of High Courts
🔹 Text Summary:
Article 229 empowers the Chief Justice of a High Court to have administrative control over the recruitment, conditions of service, and expenses of High Court staff and officers.
🧠 Key Features:
| 🔑 Aspect | ✅ Details |
|---|---|
| Who appoints staff? | Chief Justice of the High Court |
| Control over recruitment? | ✅ Yes – CJ has full power to appoint officers and servants of the High Court |
| Conditions of service? | Determined by the Chief Justice, subject to any law made by the State Legislature |
| Consultation required? | If appointments are to be made from the State Government services, Governor's approval is required |
| Expenses of the High Court? | Paid from the Consolidated Fund of the State |
| Nature of power? | Autonomous – ensures independence of the judiciary in administrative matters |
⚖️ Explanation:
Article 229 ensures that the High Court is not dependent on the executive (government) for its internal administration, especially for:
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Hiring staff
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Managing salaries and service conditions
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Office functioning
This is vital for judicial independence.
🏛️ Example:
If the Delhi High Court wants to recruit new clerks or officers, the Chief Justice has the power to:
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Advertise and conduct the recruitment,
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Decide service rules,
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Approve salaries (within the framework of law).
However, if a person is to be appointed from an existing state cadre (e.g., PCS or secretariat), the Governor’s approval is needed.
🔁 Related Articles:
| Article | Subject |
|---|---|
| 229 | Appointments and expenses in High Courts |
| 146 | Similar provision for the Supreme Court |
| 226-228 | Jurisdiction and powers of High Courts |
Here is a 📊 comparison chart between Article 146 and Article 229 of the Indian Constitution — highlighting the administrative powers of the Supreme Court vs High Courts:
🏛️ Article 146 vs Article 229 — Administrative Control (SC vs HC Staff)
| 🔹 Feature | ⚖️ Article 146 – Supreme Court | 🏛️ Article 229 – High Court |
|---|---|---|
| Applies to | Supreme Court of India | All High Courts in the country |
| Head of Administration | Chief Justice of India (CJI) | Chief Justice of the respective High Court |
| Power to appoint staff | CJI appoints officers and servants of the Supreme Court | CJ appoints officers and servants of the High Court |
| Control over service conditions | CJI decides recruitment rules, salaries, service conditions | CJ decides service conditions, salaries, leave rules, etc. |
| Approval needed for govt staff? | If SC wants to use govt staff, President's approval is required | If HC wants to use govt staff, Governor’s approval is required |
| Expenses paid from | Consolidated Fund of India | Consolidated Fund of the State |
| Law-making power override? | Subject to any Parliamentary law | Subject to any State Legislature law |
| Purpose | To ensure independence of the Supreme Court | To ensure independence of the High Courts |
| Judicial Autonomy Maintained? | ✅ Yes | ✅ Yes |
🧠 Simple Summary:
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🏛️ Both CJI and High Court CJs have full control over court staff.
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✅ Ensures judiciary is not dependent on the executive for its internal functioning.
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🔐 Governor’s/President’s approval is only needed when using state/government cadre employees.
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