DRAFT CONSTITUTION 663
ARTICLE 205
*Mr. President : The House will now consider article 205. There is an amendment to this by Dr. Ambedkar, No. 2676.
The Honourable Dr. B. R. Ambedkar : Sir, I move:
“That for article 205, the following be substituted ;—
‘205. (1) Appointments of officers and servants Officers and servants of a High court shall he made by the Chief Justice and the expenses of of the Court or such other judge or officer of the High Courts, Court as he may direct: Provided that the Governor of the State in which the High Court has its principal seat may by rule require that in such cases as may he specified in the rule, no person not already attached to the Court shall he appointed to any office connected with the Court save after consultation with the State Public service Commission.
(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall he such as may be prescribed by rules made by the Chief Justice of the Court or by some other judge or officer of the Court authorised by the Chief Justice to make rules for the purpose :
Provided that the salaries, allowance and pensions payable to or in respect of such officers and servants shall be fixed by the Chief Justice of the Court in consultation with the Governor of the State in which the High Court has its principal seat.
(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court and the salaries and allowances of the Judges of the Court, shall he charged upon the revenues of the State, and any fees or other moneys taken by the Court shall form part of those revenues.’”
Mr. President : There is an amendment by Mr. Kapoor.
The Honourable Dr. B. R. Ambedkar : Sir, I have an amendment to this amendment. If you will allow me I will move it. It is on page 3 of List II.
Mr. President : You can move it. —
The Honourable Dr. B. R. Ambedkar : Sir I move :
“That with reference to amendment No. 2676 of the List of Amendments, for the proviso to clause (2) of the proposed article 205, 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 Governor of the State in which the High Court has its principal seat’.”
Sir, these provisions are exactly the same as the provisions for the Supreme Court.
Mr. President : That covers your amendment, Mr. Kapoor.
Shri Jaspat Roy Kapoor (United Provinces : General) : Yes, Sir, it obviates the necessity for moving my amendment.
[Dr. Ambedkar’s amendment was adopted. Article 205, as amended, was added to the Constitution.]
*CAD, Vol. VIII, 8th June, pp. 710-20.