DRAFT CONSTITUTION 587
I also move :
“ That in clause (4) of article 103. for the words ‘ supported by not less than twothirds of the members present and voting has been presented to the President by both Houses of Parliament’ the words ‘ by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President’ be substituted ”.
Mr. President : There is an amendment to this amendment by Dr. Bakshi Tek Chand, of which he has given notice. It is No. 101 in the printed pamphlet containing the amendments to amendments.
The amendment was not moved.
*Mr. President : Amendment No. 1857 is a verbal amendment.
Amendment No. 1858 stands in the name of Professor K. T. Shah.
Is not that covered by the words ‘ incapacity and misbehaviour ’ ?
Prof. K.T. Shah : I would accept it if you think that they are covered. I do not move it.
Mr. President : ...Amendment No. 1862 stands in the name of Dr. B. R. Ambedkar. That is also a formal amendment to substitute for the words “a declaration” the words “an affirmation or oath”. We have made similar changes whereever that expression occurs in other parts of the draft Constitution. I take it that it is moved.
The Honourable Dr. B. R. Ambedkar : Sir, I formally move :
“ That in clause (6) of article 103, for the words * a declaration ‘ the words ’ an affirmation or oath ‘ be substituted.’”
†Mr. President : ...Dr. Ambedkar, would you like to say anything about the amendments.
The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I am prepared to accept two amendments. One of them is No. 1829 moved by Mr. Santhanam, and the other is No. 1845, moved by Mr. Kamath, by which he proposes that even a jurist may be appointed as a Judge of the Supreme Court. But with regard to Mr. Kamath’s amendment No. 1845, I should like to make one reservation, and it is this. I am not yet determined in my own mind whether the word “ distinguished ” is the proper word in the context. It has been suggested to me that the word “ eminent ” might be more suitable. But as I said, I am not in a position to make up my mind on this subject; and I would, therefore, like to make this reservation in favour of the Drafting Committee, that the Drafting Committee should be at liberty when it revises the Constitution, to say
- CAD. Vol. VIII 24th May 1949 : p. 244. † Ibid pp. 257-60.