Vol. 13 · pages 181–185

Procedure Generally Rules of pro- cedure. 98. (1) Each House of Parliament may make rules for regulating’, subject to the provisions of this Constitution, its procedure and the conduct of its business. 5 (2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adap- tations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. 10 (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and com- munications between, the two Houses. 15 (4) At a joint sitting of the two Houses the Speaker of the House of the People,* or in his absence such person as may be determined by rules of procedure made under clause (3) of this article, shall preside. 20 Language to be used in Parliament. 99. (1) In Parliament business shall be trans- acted in Hindi or English: 25 Provided that the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may permit any member who cannot adequately express himself in either language to address the House in his mother tongue. 30 (2) The Chairman of the Council of States or the Speaker of the House of the People may, whenever he thinks fit, make arrangements for making avail- able in the Council of States or the House of the People, as the case may be, a summary in Hindi or English of the speech delivered by a member in any other language and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered. 35 *The Committee is of opinion that the Speaker of the House of the People should preside at a joint sitting of the two Houses of Parliament as the House of the People is the more numerous body. 180 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 148 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Restrictions on discussion in Parlia- ment. 100. (1) No discussion shall take place in Parlia- ment with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge as hereinafter provided. 5 (2) In this article the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of this Part. 10 Courts not to inquire into proceedings of Parliament. 101. (1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or other member of Parliament in whom powers are vested by or under this Constitu- tion for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. 15 20 CHAPTER III—Legislative Powers of the President Power of President to promulgate Ordinances during recess of Parlia- ment. 102. (1) If at any time, except when both Houses of Parliament are in session, the President is satisfi- ed that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. 25 (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament assented to by the President, but every such Ordinance— 30 (a) shall be laid before both Houses of Parlia- ment and shall cease to operate at the expiration of six weeks from the re- assembly of Parliament, or, if before the expiration of that period resolutions dis- approving it are passed by both Houses, upon the passing of the second of those resolutions; and 35 40 (b) may be withdrawn at any time by the President. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 181 149THE DRAFT CONSTITUTION

Explanation:—Where the Houses of Parliament are summoned to re-assemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. 5 CHAPTER IV—The Federal Judicature Establish- ment and constitution of Supreme Court. 103. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and such number of other judges not being less than *seven as Parliament may by law prescribe. 10 (2) Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of the High Courts in the States as may be necessary for the purpose and shall hold office until he attains the age of sixty-five years: 15 20 Provided that in the case of appointment of a judge, other than the Chief Justice, the Chief Justice of India shall always be consulted: Provided further that— (a) a judge may, by writing under his hand addressed to the President, resign his office; 25 (b) a judge may be removed from his office in the manner provided in clause (4). (3) A person shall not be qualified for appoint- ment as a judge of the Supreme Court unless he is a citizen of India and— 30 (a) has been for at least five years a judge of a High Court or of two or more such courts in succession; or 35 * The Committee considers that seven judges would in the beginning be sufficient and Parliament might, by law, afterwards increase the number. 182 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 150 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession. Explanation I:—In this clause ‘High Court’ means a High Court which exercises, or which before the commencement of this Constitution exer- cised, jurisdiction in any part of the territory of India. 5 Explanation II:—In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person held judicial office, after he became an advocate, shall be included. 10 (4) A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address supported by not less than two-thirds of the members present and voting has been presented to the President by both Houses of Parliament in the same session for such removal on the ground of proved misbehaviour or incapacity. 15 20 (5) Parliament may by law regulate the proce- dure for, the presentation of an address and for the investigation and proof of the misbehaviour or in- capacity of a judge under the last preceding clause. 25 (6) Every person appointed to be a judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President or some person appointed in that behalf by him a declaration according to the form set out for the purpose in the Third Schedule. 30 (7) No person who has held office as a judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India. Salaries etc. of judges. 104. The judges of the Supreme Court shall be entitled to such salaries and allowances, and to such rights in respect of leave and pensions, as may from time to time be fixed by or under law made by Par- liament, and until they are so fixed shall be entitled to such salaries, allowances and rights in respect of leave of absence or pension as are specified in the Second Schedule: 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 183 151THE DRAFT CONSTITUTION

Provided that neither the salary of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. Appointment of acting Chief Justice. 105. When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the President may appoint for the purpose. 5 10 Appointment of ad hoc judges. 106. (1) If at any time there should not be a quorum of the judges of the Supreme Court avail- able to hold or continue any session of the court, the Chief Justice may, after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be neces- sary, of a judge of a High Court to be nominated by the Chief Justice of India. 15 (2) It shall be the duty of the judge, who has been so nominated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a judge of the Supreme Court. 20 25 Attendance of retired Judges at settings of the Supreme court. *107. Notwithstanding anything contained in this Chapter, the Chief Justice of India may at any time, subject to the provisions of this article, request any person who has held the of a of a judge of the Supreme Court or of the Federal Court to sit and act as a judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court: 30 35 Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do. 40 *The employment of retired judges follows the practice in the United Kingdom and in the United States of America. 184 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 152 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES