9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 226

THE DRAFT CONSTITUTION 193

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 225

Application of certain provisions relating to Supreme Court to High Courts.

Declaration by judges of High Courts before entering office.

Prohibition of practising in courts or before any authority by a person who held office as a judge of a High Court.

Explanation II.—In sub-clauses (a) and (b) of this clause, the reference to a High Court shall be construed as including a reference to a court in a State for the time being specified in Part III of the First Schedule which is a High Court for the purposes of articles 103 and 106 of this Constitution.

  1. The provisions of clauses (4) and (5) of article 103 of this Constitution shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

  2. Every person appointed to be a judge of a High Court in a State shall, before he enters upon his office, make and subscribe before the Governor of the State or some person appointed in that behalf by him a declaration according to the form set out for the purpose in the Third Schedule.

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*196. No person who has held office— (a) as a judge of a High Court, or 20 (b) as an additional judge or temporary judge of a High Court on having been recruited from the Bar,

shall plead or act in any Court or before any authority within the territory of India. 25

Salaries, etc. 197. The judges of each High Court shall be of judges. entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by the Legislature of the State in which the Court has its principal seat, and until they are so fixed, shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are specified in the Second Schedule:

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Provided that the salary of the Chief Justice of 35 a High Court shall not be less than four thousand

*The Committee is of opinion that a person who has held office as judge of a High Court should be prohibited from practicing in any court or before any authority and so also persons who have held office as additional judges or temporary judges of the court on having been recruited from the Bar.