DRAFT CONSTITUTION 737
[All the 8 amendments were negatived. The motion of Dr. Ambedkar as shown above was adopted.]
New article 79-A was added to the constitution.
ARTICLE 104
*The Honourable Dr. B. R. Ambedkar : Sir, I move:
That for article 104, the following article he substituted :—
“104. There shall be paid to the judges of the Salaries etc of Supreme Court such salaries as are specified in the Judges Second Schedule.
(2) Every judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament, and until so determined, to such privileges, allowances and rights as are specified in the Second Schedule :
Provided that neither the privileges nor the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.”
Sir, all that I need say is that the present article is the same as the original article except that the word “privileges” has been introduced which did not occur in the original text. What those privileges are I would not stop to discuss now. We will discuss them when we come to the second schedule where some of them might be specifically mentioned.
† Shri R. K. Sidhva : ………Unless you amend the language of this Schedule in view of the amended resolution, I think, Sir, this article will be rather in a confused state. I want to know what are the implications after the amendment of this article moved by Dr. Ambedkar. I find that he has not made any reference to the Schedule and I do not know whether he is going to make any reference to the Schedule hereafter, because thai complicates the issue, and the purpose will be defeated if the matter is left to Parliament, who can against the wishes of the House pass orders that the Chief Justice can be given a furnished house.
‡The Honourable Dr. B. R. Ambedkar : Mr. Vice-president, Sir, I am sorry I cannot accept the amendment moved by my honourable Friend, Pandit Kunzru, and I tliink there are two valid objections which could be presented to the House for rejecting his amendment. In the
- CAD, Vol. IX, dated 30th July 1949, p. 10
† Ibid., p. 12.
‡ Ibid., pp. 12-13.