652 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
no distinction whatsoever between the two. In England also pension, so far as I understand, is something like seventy or eighty per cent. of the salary which the Judges get. Our rules, as I said, regarding retirement impose a burden upon a man inasmuch as they require him to retire at sixty. Our rules of pension are again so stringent that we provide practically a very meagre pension. Having regard to these circumstances I think the amendment proposed by Prof. K. T. Shah is both unnecessary for the purpose he has in mind, namely of securing separation of the judiciary from the executive, and also from the point of view that it places too many burdens on the members who accept a post in the judiciary.
Shri H. V. Kamath : May I say that this amendment applies not to retired Judges but to Judges serving on the bench at the moment ?
The Honourable Dr. B. R. Ambedkar : If I may say so, the amendment seems to be very confused. It says that it shall appply to a person who has served “for a period of live years continuously”. That means if the President appointed a Judge for less than live years he would not be subject to this; which would defeat the very purpose that Prof. K. T. Shah has in mind. It would perfectly be open to the President in any particular case to appoint a Judge for a short period of less than five years and reward him by any post such as that of Ambassodor or Consul or Trade Commissioner, etc. The whole thing seems to me quite ill-conceived.
Mr. President : The question is :
“That the following new article 193-A after article 193 be added :
‘193-A. No one who has been a Judge of the Supreme Court, or of the Federal Court or of any High Court for a period of 5 years continuously shall he appointed to any executive office under the Government of India or the Government of any State in the Union, including the office of an Ambassador, Minister, Plenipotentiary, High Commissioner, Trade Commissioner, Consul, as well as of a Minister in the Government of India or under the Government of any Stale in the Union’.”
[This amendment of Prof. K. T. Shah was negatived.]
ARTICLE 195
*The Honourable Dr. B. R. Ambedkar : I move :
“That, in article 195 for the words ‘a declaration’ the words ‘an affirmation or oath’ be substituted.”
It is a very formal amendment.
The amendment was adopted.
Article 195, as amended, was added to the Constitution.
*CAD, Vol. VIII, 7th June 1949, p. 680.