The government or a ministry hires Supreme Court staff like any other government employees.

Article 146 gives this power to the Chief Justice of India (or someone the CJI authorizes), not to the executive government.

The Supreme Court's budget is voted on and can be cut or delayed by Parliament each year like other departments.

Its administrative expenses are 'charged' on the Consolidated Fund of India, meaning they are paid automatically without needing a fresh annual vote, protecting the Court's independence.

The Chief Justice has unchecked power over staff salaries and pensions.

Rules about salaries, allowances, leave, or pensions still require the President's approval under the proviso to clause (2).

The Constitution of India

Article 146

Officers and servants and the expenses of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:§

Provided that the President 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 Union Public Service Commission.§

(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India 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 President.§

(3) The administrative expenses of the Supreme 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 India, and any fees or other moneys taken by the Court shall form part of that Fund.§

Why this exists

The framers wanted the Supreme Court to function independently of the executive, not just in deciding cases but in managing its own staff and budget. By giving the Chief Justice control over appointments and service rules, and by charging the Court's expenses directly on the Consolidated Fund (so Parliament doesn't vote on them every year), Article 146 insulates the Court's day-to-day administration from political or bureaucratic interference, reinforcing judicial independence guaranteed elsewhere in the Constitution.

How courts read it

There is no major landmark judgment reinterpreting Article 146 itself; courts have generally treated it as a straightforward administrative provision. It is often cited alongside judicial independence cases (like the Judges cases on appointments under Articles 124 and 217) to show that the Constitution protects not just judicial decision-making but also the Court's internal administration and finances from executive control.

Common misconceptions

Myth: The government or a ministry hires Supreme Court staff like any other government employees.
Fact: Article 146 gives this power to the Chief Justice of India (or someone the CJI authorizes), not to the executive government.
Myth: The Supreme Court's budget is voted on and can be cut or delayed by Parliament each year like other departments.
Fact: Its administrative expenses are 'charged' on the Consolidated Fund of India, meaning they are paid automatically without needing a fresh annual vote, protecting the Court's independence.
Myth: The Chief Justice has unchecked power over staff salaries and pensions.
Fact: Rules about salaries, allowances, leave, or pensions still require the President's approval under the proviso to clause (2).