656 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Shri H. V. Kamath : Is there such a provision in the Constitution of the United Slates ?
The Honourable Dr. B. R. Ambedkar : I have not got the text before me. In the United States the question does not arise because the salary and pension are more or less the same.
I am prepared to accept amendment No. 89 of Mr. Kapoor, because some people have the feeling that article 200 is likely to be abused by the Chief Justice inviting more than once a friend of his who is a retired judge. I therefore am prepared to accept the proposal of Mr. Kapoor that the invitation should be extended only after the concurrence of the President has been asked for.
Shri Jaspat Roy Kapoor: May I know whether it is the intention that the interpretation of the term ‘privileges’ should be left to the Parliament ?
The Honourable Dr. B. R. Ambedkar : It may have to be defined. There is no doubt about it that Parliament will have to pass what may be called a Judiciary Act governing both the Supreme Court and the High Courts and in that the word ‘privilege’ may be determined and defined.
Shri Jaspat Roy Kapoor : But the privileges will be the same in the case of a judge who has been called back and that of the permanent judges. That is what article 200 lays down.
The Honourable Dr. B. R. Ambedkar : Yes, but privilege does not mean full salary.
Mr. President : Amendment No. 89 moved by Mr. Jaspat Roy Kapoor has been accepted by Dr. Ambedkar. I will now put it to vote.
“That in article 200 after the words ‘at any time’, the words ‘with the previous consent of the President’ be inserted.”
The amendment was adopted.
[Dr. Ambedkar’s original amendment was also adopted and article
200 as amended, was added to the Constitution.]
ARTICLE 202
*Dr. Bakshi Tek Chand : ...I hope the amendment which I have moved will be accepted by Dr. Ambedkar and that the article, as amended, will be passed by the House.
Mr. President: Dr. Ambedkar, do you wish to move amendment No.
2663 ?
The Honourable Dr. B. R. Ambedkar : No. Sir, I accept bakshi Tek Chand’s amendment. I do not think that any reply is necessary.
*CAD, Vol. VIII, 7th June 1949, p. 697.