TO BE INTRODUCED IN THE RAJYA SABHA 

Bill No. XLI of 2007

The Constitution (Amendment) Bill, 2007

A

BILL

further to amend the Constitution of India.

            BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-

1.         (1)        This Act may be called the Constitution (Amendment) Act, 2007.

           (2)        It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint.

2.         Article 127 of the Constitution shall be omitted.

3.         Article 128 of the Constitution shall be omitted.

4.         In article 217 of the Constitution, in clause (1), for the words “in the case of an additional or acting judge, as provided in article 2244, and in any other case, until he attains the age of sixty-two years, “the words” until he attains the age of sixty-five years” shall be substituted.  

5.         Article 224 of the Constitution shall be omitted.

6.         Article 224A of the Constitution shall be omitted.

STATEMENT OF OBJECTS AND REASONS 

As a result of the working of the Constitution for over half a century, certain shortcomings and fallacies in relation to provisions relating to Supreme Court and High Courts have come to light and certain provisions appear to have became redundant and obsolete over the years. 

The provision for the appointment of adhoc judges and retired Judges as provided for in articles 127 and 128 appear to be unreasonable and unnecessary at this stage, as the original number of seven Judges of the Supreme Court in addition to the Chief Justice has been raised to 25 w.e.f 1986 and may be further raised as and when required. 

Similarly, some provisions relating to High Court Judges need amendments.  Presently the age of retirement of High Court Judges is sixty two years as against sixty five for the Supreme Court Judges.  At the time of the commencement of Constitution w.e.f 26.01.1950, the age of retirement of High Court Judges was fixed at sixty years, when the age of retirement of civil servants other than the I.C.S was fifty five years.  Now the age of retirement of the central civil employees has been raised to sixty years, whereas an increase of only two years has been made in the case of High Court Judges.  It is accordingly reasonable and desirable that the age of retirement of High Court Judges be raised to sixty five years as in the case of Supreme Court Judges. 

Appointment of additional, acting and retired Judges as laid down in articles 224 and 224A also need to be deleted as the status of additional and acting judges is inferior to that of regular Judges and in the opinion of eminent jurists is not just and right as they are at the mercy of the executive and the Chief Justices of the concerned High Courts to be made regular judges.  The appointment of retired Judges is also contradictory in spirit.  After the age of retirement of regular judges of High Courts is raised to sixty five years, there would hardly be any need for such appointments. 

The Bill seeks to achieve the above objectives. 

RAJEEV CHANDRASEKHAR 

ANNEXURE

EXTRACTS FROM THE CONSTITUTION OF INDIA

217.      Appointment and conditions of the office of Judge of a High Court

(1)        Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years:

RAJYA SABHA

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 A

BILL

Further to amend the Constitution of India.

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(Shri Rajeev Chandrasekhar, M.P.)

MGIPMRND – 2615RS (S3) – 20-06-2007.