Indian Kanoon - Search engine for Indian Law

(Some honourable Members rose to speak.) Mr. President: I will put the closure motion again.

The question is:

"That the question be now put."

The motion was adopted.

Mr. President: Dr. Ambedkar do you wish to say anything ?

The Honourable Dr. B. R. Ambedkar: I do not think is necessary.

Mr. President: I will first put Sardar Hukam Singh's amendment to the vote. If that is accepted, Dr. Ambedkar's amendment will stand amended by this.

The question is:

"That in article 196, for the words 'within the territory of India' the words 'within the jurisdiction of that High Court' be substituted."

The amendment was negatived.

Mr. President: The question is:

"That for article 196, the following article be substituted :-

"196. Prohibition of practising in courts or before any authority by a person who held office as a judge of a High Court. No person who has held office as a judge of a High Court after the commencement of this Constitution shall plead or act in any court or before any authority within the territory of India."

The amendment was adopted.

Mr. President: The question is:

"Article 196, as amended, stand part of the Constitution."

The motion was adopted.

Article 196, as amended, was added to the Constitution.

*Article 196-A (Amendment No. 2639 was not moved.) Mr. President: A similar amendment, No. 1870 was moved and discussed at great length and it was held over.

The Honourable Dr. B. R. Ambedkar: I suggest that article 196-A may be held over. A similar article, (No. 103-A) was held over.

Mr. President: I agree. This article will then stand over.

But, Sir, apart from precedent, I think there is every ground for the provision of an article like 200. As the House will recall we have now eliminated altogether any provision for the appointment of temporary or additional judges, and those clauses which referred to temporary or additional judges have been eliminated altogether any provision for the appointment of temporary or additional judges, and those clauses which referred to temporary or additional judges have been eliminated from the Constitution. All judges of the High Court shall have been eliminated from the Constitution. All judges of the High Court shall have to be permanent. It seems to me that if you are not going to have any temporary or additional judges you must make some kind of provision for the temporary judge in time to discharge the duties of a High Court Judge with respect to such matters. And therefore the only other provision which would be compatible with article 196 (which requires that no judge after retirement shall practise) is the provision which is contained in article 200. As my Friend Dr. Tek Chand said, there seems to be a lot of misgiving or misunderstanding with regard to the purpose or the intention of the article. It is certainly not the intention of the article to import by the back door for any length of time persons who have retired from the High Courts. Therefore nobody need have any misgiving with regard to this.