646 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
have no doubt in my mind that when the High Court recommends any particular advocate to be appointed to the Tribunal, it will take into consideration the political affiliations of the particular advocates whom it is recommending. Secondly, the High Court again is only a recommendatory body. The final appointment is to be made by the Election Commission and I have no doubt in my mind again that the Election Commission in order to maintain fair practices in election will further examine the list given by the High Court to find out whether any man is there on their list as recommended by the High Court who should be excluded by reason of the fact that he is a political individual or has been a defeated candidate or belongs to any particular party.
I agree the question whether advocates should be admitted or not to these appointments is a seperate question. But the possibility of including political advocates as members of the Tribunal, I think has been for all practical purposes more or less eliminated by the two provisions, namely, that it has been made subject to the recommendations of the High Court and secondly it has been made subject to the right of the Election Commission to select any particular individual or not. I, therefore, think that the fear is more or less groundless.
Mr. Deputy Speaker: Advocates of ten years’ standing are eligible to be appointed as High Court Judges—is it not ? Therefore, persons who are qualified to be High Court Judges will alone be selected.
Dr. Ambedkar: Even after that if it is found out that he is politically interested in anybody, the Election Commission has got the power to exclude him. These are very rigorous and stringent conditions.
Shri Kamath: A person when he goes from the Bar to the Bench behaves differently but here the posibility is not obviated of this Tribunal being weighted by two advocates, thereby detracting from its judicial character.
Dr. Ambedkar: At that rate, why do you suppose that a retired sub-judge may not be a politician ? After all he is a retired man and is free to take part in politics.