DRAFT CONSTITUTION 591
Therefore, who else can be appointed to positions like this, except persons who had judicial talent ? It would be a very great handicap if these very persons who possess talent for doing work of this sort were deprived by provisions such as Shri Jaspat Roy Kapoor suggests. And I have said that the relation between the executive and judiciary are so separate and distinct that the executive has hardly any chance of influencing the judgment of the judiciary. I therefore suggest that the provision suggested is not necessary and I oppose all the amendments.
Following two amendments were accepted.
(1) Amendment by Mr. Santhanam :—
“That in clause (2) of article 103. for the words ‘may be’ the words ‘the President may deem’ he substituted.
(2) Amendment by Mr. kamath :—
“That in clause (3) of article 103, the following new sub-clause be added :—
(c) or is an eminent jurist’ ”.
All four amendments of Dr. Ambedkar as shown before were adopted. In all 18 amendments moved by other members were rejected.
[Article 103, as amended, was added to the Constitution]
ARTICLE 103-A.
*The Honourable Dr. B. R. Ambedkar : I should like to dispose of this mailer in as few words as possible. Before I do so, I should like to state what I understand to be the idea underlying this particular amendment. For the purpose of understanding the main idea underlying this amendment, I think we have to take up three different cases. One case is the case of a Judge of the Supreme Court who has been appointed to an executive office with no right of reversion to the Supreme Court. Thai is one case. The second case is the appointment of a Supreme Court Judge after he has held that post to an executive office of a non-judicial character. The third ease is the case of a Supreme Court Judge being given or assigned duties of a non-judicial character with the right to revert to the Supreme Court. I understand that—my friend Dr. Sen may correct me if I am wrong—this amendment refers to the third proposition, viz., the assignment of a Supreme Court Judge to non-judicial duties for a short period with the right for him to revert to the Supreme Court.
With regard to the first case that I mentioned, viz., the appointment of a Supreme Court Judge to an executive office provided the Supreme
- CADVol. VIII. 24th May 1949, pp.266-67