DRAFT CONSTITUTION 597
The Honourable Dr. B. R. Ambedkar : The Supreme court is not bound.
Shri H. V. Kamath : Then I do not move my amendment.
*The Honourable Dr. B. R. Ambedkar : May I request you, Sir, to hold over this article 119, because it has also reference to article 109 to 114 which we have decided to hold over.
Shri H. V. Kamath : Then, Sir, I shall reserve my right to move the amendment later on.
ARTICLE 121
†The Honourable Dr. B. R. Ambedkar : I would request Sir, that this article be allowed to stand over.
ARTICLE 122
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“ That for the existing article 122, the following be substituted :—
‘ 122. Officers and servants and the expenses of the Supreme Court. —(1) Appointments of officers and servants of the Supreme Court shall be made by the chief Justice of India or such other judge or officer of court as he may direct:
Provided that the President may by rule require that in such cases may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the court, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other judge or officer of the court authorised by the Chief Justice of India to make rules for the purpose :
Provided that the salaries, allowances and pensions payable to or in respect of such officers and servants shall be fixed by the chief Justice of India in consultation with the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues.’ ”
The object of this redraft is to make a better provision for the independence of the Supreme Court and also to make provision that the administrative expenses of the Supreme Court shall be a charge on the revenues of India.
Sir, there is an amendment to this amendment, which I should like to move at this stage :
“That in amendment No. 1967, for the proviso to clause (2) of the proposed article
122, the following proviso be substituted :—
‘ Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President’ ”
- CAD, Vol. VIII, 27th May 1949, p.387
† Ibid p.388.