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Report No. 80

4.6. Drafting Committee.-

It may be appropriate at this stage to refer to an amendment suggested by the Drafting Comrnittee.1 According to the suggestion, an Instrument of Instructions was to be issued to the President. One of the provisions proposed to be included in the Instrument of Instructions was the setting up of an Advisory Board consisting of not less than 15 members of Parliament. The procedure contemplated for the appointment of Supreme Court Judges was:2

"(1) in the case of the Chief Justice of India, the President would consult the Judges of the Supreme Court and the Chief Justices of all High Courts other than those in Part III States (the Indian States);

(2) in the case of other judges he would consult the Chief Justice of India, the other judges of the Supreme Court and the Chief Justices of the High Courts, other than those in Part III States;

(3) the recommendations of the judges so consulted would be placed before the Advisory Board for its advice. The functions of the Board were consultative and the final decision rested with the executive, but in any case where the Board's advice was not accepted it could insist that its dissent should be recorded and placed before Parliament with a memorandum explaining the reasons for not accepting the advice tendered by the Board."

1. Drafting Committee (February 1948), Draft Constitution Article 103(2); B. Shiva Rao The Framing of India's Constitution, (1967), Vol. 3.

2. B. Shiva Rao, (1968), Main Vol., p. 491.

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