REGISTERED No. D. 231 रजिस्ट्री सं ० डी० 221
भारतको राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 2
14
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
स० 78]
नई दिल्ली , शुरुत्रार, दिसम्बर 21 , 1973 / प्रग्रहायण 30 , 1895
No. 73] NEW DELHI, FRIDAY , DECEMBER 21 , 1973 / AGRAHAYANA 30, 1395
इस भाग में भिन्न पृष्ठ गंख्य दी जाती है जिससे कि जप्त अलग संकलन के रूप में रखा आ सके ।
Separate paging is given to this Part in order that it may be led as a separain compilation.
RAJYA SABНА
The following Bills were introduced in the Rajya Sabha on the 21st December , 1973 : -
I
Bill No. XLII of 1973
A Bill further to amend the Indian Divorce Act , 1869 .
BE it enacted by Parliament in the Twenty- fourth Year of the Republic of India as follows :-
1. This Act may be called the Indian Divorce ( Amendment) Act, 1973 .
Short title.
2. In the Indian Divorce Act , 1869 , after section 17A , the following heading and section shall be inserted , namely: -
Insertion of new section 17B.
" IIIA . DISSOLUTION OF IRRETRIEVABLE MARRIAGES
17B . ( 1 ) Either party to a marriage , whether solemnised before or after the commencement of the Indian Divorce ( Amendment ) Act , 1973 , may present a petition under this section for divorce to the District Court or to the High Court praying for the dissolution of the marriage between such parties on the ground-
(a) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties ; or
Dissolution of marriages where therehas been no presump- tion of cohabi- tation or restitution of conjugal rights.
(b) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or
(1145)
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[PART II-
upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties .
(2) In case the court is satisfied on the evidence that the case of the petitioner has been proved, the court shall pronounce a decree declaring such marriage to be dissolved .
(3) Nothing in sections 10 to 17A , both inclusive , shall apply in relation to any petition under this section. " .
SEC. 21
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STATEMENT OF OBJECTS AND REASONS
The Christian community is one of the enlightened communities of this country . Though reforms have been effected in the divorce laws of the community in practically all the countries having Christian popula- tion to bring them into harmony with the changed conditions , in India the community has been condemned to suffer with a highly antiquated law of divorce based upon an English Act of 1857. The antiquated nature of the Act has been the subject matter of adverse judicial comments .
This Bill seeks to make an absolutely minimum change in the Act to provide for dissolution of marriages which can be regarded as having broken down irretrievably . Similar provisions have already been made some years ago in the Hindu Marriage Act, 1955 and in the Special Mar- riage Act , 1954.
N. P. CHAUDHARI .
NEW DELHI;
Dated 14-11-1973 .
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II
Bill No. XLI of 1973
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows : -
1. (1) This Act may be called the Constitution (Amendment) Act , Short 1973 .
title and com-
mence- ment .
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
2. In article 124 of the Constitution , in clause (3 ) , after sub-clause ( c) , Amend- the following sub -clause shall be inserted , namely :-
ment of article 124 .
" (d) shall have a tenure of office for at least five years . "
3. In article 217 of the Constitution , in clause (2 ) , after sub - clause (b) , the following sub -clause shall be inserted , namely: --
Amend- ment of article 217 .
" ( c) shall have a tenure of office for at least five years ." , THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
1149
STATEMENT OF OBJECTS AND REASONS
The Law Commission in its Fourteenth report had recommended that appointments to the Supreme Court and the High Courts should be of persons who besides having the required qualification for such appoint- ments should at least have a tenure of ten years . This was done so as to achieve and maintain a uniform interpretation of various enactments by the Judges . No one can dispute the advantage of this recommendation and it would go a long way in enforcing the rule of law . The Minister of State for law on 7th May , 1973 , stated in the Rajya Sabha that the Government had decided to accept the aforesaid recommendation of the Law Commission and a minimum five years tenure has been fixed for appointments to the Supreme Court and the High Courts . It is , therefore , necessary to introduce the consequential amendments in the Constitution on these lines so that in future no proposal for appointments to the Supreme Court and the High Courts of persons who are not in a posi- tion to put in five years tenure should be received or considered .
Hence the Bill .
OM PRAKASH TYAGI .
B. N. BANERJEE .
Secretary-General
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