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Report No. 72

It may be noted that clause 12 of the bill was in these terms1:-

"12. For Article 220 of the Constitution, the following article shall be substituted, namely:-

"220. No person who, after the commencement of this Constitution, has held office as a permanent judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts."

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, P. 7-

Joint committee.-The Minister of Home Affairs (the late Pandit G.B. Pant) moved for a reference of the Bill to a Joint Committee of the Houses1, and in the debate on this motion a number of points were raised. The Joint Committee2 did not suggest any change in the relevant clause of the Bill. When the Report of the Joint Committee was taken up for discussion alongwith the Bill further points were raised in the debates3. Some of the important points made by the leading speakers may he briefly mentioned.

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 39, left-hand column.

2. Report of the Joint Committee: on the Constitution (Ninth Amendment) Bill, 1956; Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, pp. 161, 173, 179 (15th July, 1956).

3. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 235, left-hand column (4th September, 1956).

Shri Tek Chand's views.- Shri Tek Chand, alter emphasising the importance of the consideration that it is very necessary that the High Court Judge's conduct should conform to the "proverbial standards of Caesar's wife", expressed doubts with reference to the proposed amendment of Article 220 in these terms1:

"But, it does not add to the dignity of a particular Judge and we think it does not add to the dignity of the institution, when a Judge who adorned the bench of a High Court stands at the bar of another High Court as a counsellor, making his petitions and prayers on behalf of a particular litigant."

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 80, right-hand column (27th April, 1956).

Shri P.N. Sapru and Shri B.K. Ray.- Shri P.N. Sapru1agreed that it is not right that a Judge should practise in a court of which he has been a member; however, he failed to see what advantage can a Judge of a High Court get if he were to practise in any other State. He supported the proposed amendment.

Shri B.K. Ray2 from Cuttack, supporting the proposed amendment, referred to the speeches made in the Constituent Assembly. In his view, a retired High Court Judge should be debarred from practising in that High, Court only and courts subordinate thereto.

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 114, right-hand column (4th September, 1956).

2. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, pp. 244-245 (4th September, 1956).

Shri C.C. Shah.- Shri C.C. Shah1 from Bombay opposed the proposed amendment, stating that the ban had been put in the Constitution though it was not in the Government of India Act "after great controversy and great deliberation". He further added that if the ban was at all to be relaxed, the relaxation should be limited to practice in the Supreme Court.

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, pp. 320-321, (5th September, 1956).

Shri N.C. Chatterjee.- Shri N.C. Chatterjee1, supporting the proposed amendment, staled that from his personal experience he could say that a High Court Judge would not be influenced by another retired High Court Judge appearing before him. He further wanted the ban to be relaxed in respect of practice before other tribunals. According to the amendment2 moved by him, Article 220 would have read as follows:-

"No person who after the commencement of this Constitution, has held office as a permanent judge of the High Court shall plead or act in that High Court and the courts subordinate thereto or shall hold any office other than a judicial or quasi judicial appointment."

He also emphasised the need for increasing the age of retirement of High Court Judges to 65 and giving them a decent perision3. If that is not done, he would favour the removal of the "embargo".

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, pp. 324-326. (5th September, 1956).

2. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 322, right-hand column (5th September, 1956).

3. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 323, right-hand column (5th September, 1956).



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