Officers and servants and the expenses of High Courts

Article 205, Draft Constitution 1948

(1) The salaries, allowances and pensions payable to or in respect of the officers and servants of a High Court shall be fixed by the Chief Justice of the court in consultation with the Governor of the State in which the High Court has its principal seat.

(2) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of officers and servants of the court, and the salaries and allowances of the judges of the court, shall be charged upon the revenues of the State, and any fees or other moneys taken by the court shall form part of those revenues.

Article 229, Constitution of India 1950

(1) 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 in which the High Court has its principal seat 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 in which the High Court has its principal seat.

⁠(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.

Draft Article 205 (Article 229) was debated on 8 June 1949. It laid out provisions to regulate the salaries, allowances and pension of officers and servants of the Court.

The Chairman of the Drafting Committee proposed to wholly substitute the Draft Article, to bring it in line with the provisions for officers and servants of the Supreme Court. The amendment required the Chief Justice to fix salaries in consultation with the Governor. The Chairman further proposed that rules relating to emoluments should only be decided by the Governor of the concerned state.

The debates on the Draft Article were based on these amendments.

Some members argued that the Governor should not be involved in determining the emoluments of the officers and servants of the High Court, as it would compromise the independence of the judiciary. Despite these objections, the Assembly accepted both amendments.

The amended Draft Article was adopted on 8 June 1949.