654 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
office the duties of the office shall he performed by such one of the other judges of the court as the President may appoint for the purpose’.” Shri T. T. Krishnamachari : Sir, amendment No. 2650 is covered by the amendment moved by Dr. Ambedkar, because it relates to clause (2).
ARTICLE 200
Dr. Ambedkar’s amendment is substantially the same ; it deletes clause (2) and only retains clause (1).
Dr. P. K. Sen : I do not want to move that amenement.
(Amendments Nos. 2651, 2652 and 2653 were not moved.)
[The motion of Dr. Ambedkar was adopted. Article 198 as amended was added to the Constitution.]
- Mr . President : There is amendment No. 201 of which notice has been given by Dr. Ambedkar which is exactly the same as the amendment moved by Mr. Jaspat Roy Kapoor. That amendment need not be moved.
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That in article 200, the words ‘subject to the provisions of this article ‘be omitted.”
† The Honourable Dr. B. R. Ambedkar : Sir, I did not think that this article would give rise to such a prolonged debate, in view of the fact that a similar atrticle has been passed with regard to the Supreme Court. However, as the debate has taken place and certain Members have asked me certain definite questions, I am here to reply to them.
My Friend Mr. Kamath said that he did not know whether there was any precedent in any other country for article 200. I am sure he has not read the Draft Constitution, because the loot-note itself says that a similar provision exists in America and in Great Britain. (Inaudible interruption by Mr. Kamath) in fact, if I may say so; article
200 is word for word taken from section 8 of the Supreme Court of Judicature Act in England. There is no difference in language at all. That is my answer, so far as precedent is concerned.
But, Sir, apart from precedent, I think there is every ground for the provision of an article like article 200. As the House will recall we have now eliminated altogether any provision for the appointment of
*CAD, Vol. VIII, 7th June 1949, p. 688.
† Ibid., pp. 693-95.