REGISTERED No. D 21 .
रजिस्ट्री सं ० डी० 221
भारत की राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड-2
PART II -Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 42] नई दिल्ली , शुक्रवार , प्रगस्त 26, 1966/ भाव्र 4, 1888 (शक) No. 43) NEW DELHI , FRIDAY , AUGUST 26 , 1966/ BHADRA 4, 1888 ( Saka)
इस भाग में भिश्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन से रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation,
LOK SABHA
The following Bill was introduced in Lok Sabha on the 26th August , 1966 : -
BILL NO . 53 OF 1966
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows :-
1. ( 1 ) This Act may be called the Constitution ( Amendment ) Short Act , 1966 .
5 (2) It shall come into force at once .
title and com- mence . ment.
(555) THE GAZETTE OF INDIA EXTRAORDINARY [PART II 556
2. After article 125 of the Constitution , the following article shall be inserted , namely: -
Insertion ofnew article 125A .
" 125A . On ceasing to hold office , the Chief Justice of India and every other Judge of the Supreme Court shall be ineligible for further employment either under the Government of India 5 or under the Government of a State , except in accordance with the provisions of article 128. "
Prohibi- tion as to the hold . ing of officesby Judges of Supreme Court on ceasing to be such Judges.
3. After article 221 of the Constitution , the following article shall be inserted , namely: --
Insertion of new article 221A .
15 " 221A. On ceasing to hold office, the Chief Justice and every other Judge of a High Court shall be eligible for appointment as the Chief Justice of India or as a Judge of the Supreme Court or for appointment in accordance with the provisions of articles 127 and 128 , but not for any other employment under the Government of India or under the Government of a . State. " Prohibi . tion as to the holding of offices by Judges ofHigh Courts on ceasing to be such Judges .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
557
STATEMENT OF OBJECTS AND REASONS
In order to maintain and promote the independence of the Judi- ciary , particularly the Judges of the Supreme Court and High Courts , it is indubitably necessary to ensure that much Judges do not look forward to other Government employment after their re- tirement . The Constitution has rightly imposed a ban on further employment , either by the Union Government or a State Govern ment , of the Chairman and members of the Union Public Service Commission , as also the Comptroller and Auditor General of India , after they have ceased to hold office . Restrictions of similar nature have been imposed on the Chairman and members of State Public Service Commissions .
2. In view of certain unsavoury happenings in recent years , it is imperative to safeguard the independence of Supreme Court and High Court Judges by enacting a similar provision barring their further employment under the Government of India or under the Government of a State .
3. The first Law Commission presided over by Shri M. C. Setal- vad had made recommendations on more or less the same lines , but it is regrettable that no action has so far been taken thereon .
4. I am convinced that the continuation of the unhealthy prac- tice of re- employing retired Judges under Government will insidi- ously erode the prestige and dignity no less than gravely imperil the integrity and independence of the superior judiciary . The Sup- reme Court and High Court must serve as the impregnable bastions of democracy in India .
5. This Bill seeks to achieve the above object .
HARI VISHNU KAMATH .
NEW DELHI;
The 26th July , 1966 .
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS . MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONA
DELHI , 1966 .