REGISTERED No. D. 221
The Gazette of Endia
EXTRAORDINARY
PART II- Section 2
PUBLISHED BY AUTHORITY
No. 16]
NEW DELHI, FRIDAY , APRIL 10 , 1964 / CHAITRA 21 , 1886
Separate paging is given to this Part In order that it may be filed as a separate compllation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 10th April, 1964 : -
BILL NO . 21 OF 1964
A Bill further to amend the Constitution of India .
BE it enacted by Parliament in the Fifteenth Year of the Repub- lic of India as follows: -
1. ( 1) This Act may be called the Constitution (Amendment ) Act, 1964.
Short title and com- mence- ment.
5 (2) It shall come into force at once .
2. In article 217 of the Constitution , for sub - clause (b ) of clause
(2) , the following shall be substituted, namely,--
Amend- ment of article 217 .
" (b) has for at least ten years practised actively as an advocate in a High Court or two or more such Courts in suc- cession, and has had an income from such legal practice not less than the salary of a Judge of a High Court during the last three years prior to his appointment as a Judge of a High Court."
(267) THE GAZETTE OF INDIA EXTRAORDINARY
268
[PART II
STATEMENT OF OBJECTS AND REASONS
The intention behind article 217 ( 2 ) ( b ) is that an advocate may be appointed a Judge of a High Court if he has practised actively in a High Court for at least ten years . The present clause is , how- ever, not happily worded . An advocate may be on the roll of a High Court and yet may confine himself to courts other than a High Court or may appear before a High Court in a few cases only .
Besides impartiality and independence , integrity and honesty are necessary qualifications to become a Judge of a High Court and therefore an advocate having an income equal to the salary of a Judge of a High Court only should be appointed a Judge of a High Court .
Hence the Bill .
NEW DELHI;
PURUSHOTTAMDAS R. PATEL .
The 31st January, 1964 .
SEC . 2] THE GAZETTE OF INDIA EXTRAORDINARY
269
BILL NO . 29 OF 1964
A Bill further to amend the Constitution of India .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Constitution ( Amendment ) Act , 1964.
Short title and com- mencement .
5 (2) It shall be deemed to have come into force on the 5th Septem- ber , 1964 , or on such date as the President may , by notification in the Official Gazette, appoint .
2. In the Seventh Schedule to the Constitution ,-
(1) in List II-State List , entry 11 shall be omitted.
Amendment of the Seventh Schedule .
10
(2 ) in List III-Concurrent List, after entry 25 , the follow- ing new entry shall be inserted , namely : -
" 25A . Education including universities , subject to the provisions of entries 63 , 64 , 65 and 66 of List I. " THE GAZETTE OF INDIA EXTRAORDINARY [PART II 270
STATEMENT OF OBJECTS AND REASONS
The task of reconstructing the educational system and to foster its creative development is a task of supreme national importance . Educational integration is a primary pre -requisite of national inte- gration . The objective of educational integration would remain a far cry unless the Union jurisdiction is extended to cover the field of education concurrently with the States .
Hence the Bill .
L. M. SINGHVI NEW DELHI ;
The 9th March , 1964 .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
271
BILL NO . 28 OF 1964
A Bill further to amend the Salaries and Allowances of Members of Parliament Act , 1954 .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. This Act may be called the Salaries and Allowances of Mem- Short title . bers of Parliament ( Amendment ) Act , 1964 .
5 2. In section 3 of the Salaries and Allowances of Members of Amendment of section 3 . Parliament Act , 1954 ( hereinafter referred to as the principal Act) ,-
(1) for the words " four hundred rupees" , the words "five hundred rupees " shall be substituted ; and
( 2) for the words " twenty -one rupees " , the words " thirty- one rupees" shall be substituted .
3. In section 5 of the principal Act , in the proviso , the following Amendment of section 5 . words shall be added at the end , namely ,-
30 of1954.
15
20
"except that a member having his place of residence beyond 750 kilometers from the place where a session is held, shall be entitled to two air- fares for forward and return journeys in each session of a duration of more than 21 months and one air- fare in a session of lesser duration , even though the air- fare may be in excess of the total amount of the daily allowance which should have been admissible to such member if he had not remained absent" .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 272
STATEMENT OF OBJECTS AND REASONS
The emoluments of members provided in the parent Act are inadequate in relation to the high cost of living . Members of Parliament have to incur considerable expenses on account of various demands of public life . They have to maintain two estab- lishments most of the time. It is , therefore , proposed to raise their salary and daily allowance.
2. Members having their places of residence beyond 750 kilo- meters from Delhi are greatly inconvenienced for lack of air travel facilities for intermediate journeys under the existing Act . To mitigate their hardship it is proposed to entitle them to two return air journeys during a session of 2 months duration and one return air journey for a session of lesser duration .
RAGHUNATH SINGH.
NEW DELHI ;
The 3rd April , 1964 .
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273
FINANCIAL MEMORANDUM
The provisions of the Bill if enacted would involve an additional expenditure of approximately Rs . 13,50,000 in Daily Allowance and approximately Rs . 9,00,000 on account of increase in salary . It is difficult to assess the expenditure on account of the provision of intermediate air journeys . It is , however , likely that an expenditure of about Rs . 10,00,000 may have to be incurred on this account .
M. N. KAUL ,
Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1964