 the constitution (sixth amendment) bill, 1955(as intr:>duced in lolc sabha\)  1955 (as introduced in lok sabha)5 a bill further to amend the constitution of india be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the constitution (sixth amendment) short title act, 1955 2 in article 216 of the constitution, the proviso shall be omitted am f en:dm1 ent o artlc e :u6 3 in article 217 of the constitution, in clause (1), for the words amendment "shall hold office until he attains the age of sixty years", the follow- ~~;rtjcle ing words and figures shall be substituted, namely:-10 is "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 years" 4 for article 220 of the constitution, the following article shall substitutio~ - of new art!-be substituted, namely: -cle for article 220 "220 no person who, after the commencement of this consti-restriction tution, has held office as a permanent judge of a high court shall ~fter b~:ce plead or act in any court or before any authority in india except permanent a the supreme court and the other high courts" judge  j 20 5 for article 224 of the constitution, the following article shall subatituticn b b t't t d 1  of new artie su s 1 u e ,name y-cle for article 224 //224 (1) if by reason of any temporary increase in the busi- appointness of a high court or by reason of arrears of work therein, it :~~~!al appears to the president that the number of the judges of that and acting court should be for the time being increased, the president may judges appoint duly qualified persons to be additional judges of the court for such period not exceeding two years as he may specify (2) when any judge of a high court other than the chief justice is by reason of absence or for any other reason unable to perform th~ duties of his office or is appointed to act temporarily 5 as chief justice, the president may appoint a duly qualified person to act as a judge of that court until the permanent judge has resumed his duties" inlertion of 6 after article 258 of the constitution, the following article shall new arucle d i 2s8a be mserte , name y:-10 power ofthe "258a notwithstanding anything in this constitution, the states to governor or rajpramukh of a state may, with the consent of the ~ro~~~; government of india, entrust either conditionally or uncondition-union or ita ally to that government or to its officers functions in relation to oflicen any matter to which the executive power of the state extends" is sfubltituti~ 7 for article 298 of the constitution, the following article shall o new artl- de for article be substituted, namely:-298 power to carry on trade or bulincu etc "298 the executive power of the union and of each state shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of 20 contracts for any purpose: provided that-(a) the said executive power of the union shall, in so far as such trade or business or such purpose is not one with respect to which parliament may make laws, be subject in 25 each state to legislation by the state; and (b) the said executive power of each state shall, in so far as such trade or business or such purpose is not one with respect to which the state legislature may make laws, be subject to legislation by parliament" 30 amendment 8 in the second schedule to the constitution, in paragraph 10, 3!coad r~ to sub-paragraph (1), the following proviso shall be added, namely:-dulc • "provided that if a judge of any such high court at the time of his appointment is in receipt of a pension (other than a disabilit} or wound pension) in respect of any previous service 35 under th:! government of india or any of its predecessor govern" ments or under the government of a state or any of its predecessor governments, his salary in respect of service in the high court shall be reduced by the amount of that pension" 9 in each of the following provisions of the namely:-(i) article 49 (ii) entry 67 of the union list, (iii) entry 12 of the state list, and constitution, amendment of certain proviaions relatin to ancient and hiltorical monumenta, etc  s(iv) enj,ry 40 of the concurrent list, for the words "declared by parliament by law", the words "declared by or under law made by parliament" shall be substituted 10 in the seventh schedule to the constitution, entry 33 of the ~o:::~c::~~: 10 unbn list and entry 36 of the state list shall be omitted and for the lilts reentry 42 of the concurrent list, the following entry shall be substi- ~~~~rition to tuted namely: -and requili-, ' tioning of "42 acquisition and requisitioning of propety" property 11 in the seventh schedule to th~~~itution, in entry 24 of the 1mendment is state list, for the word and figunes "efitty- 52", the words and figures ~f se~:!ti!t "entries 7 and 52" shall be substitut~  statement of objects and reasonsthis bill seeks to amend certain provisions of the constitution relating to the high courts and high court judges, the executive power of the union and the states, and a few entries in the legislative lists clauses 2 to 5-as regards the high courts, the main amendments proposed are in clauses 4 and 5 of the bill an important factor affecting the selection of high court judges from the bar is the total prohibition contained in article 220 of the constitution on practice after retirement it is proposed to relax this complete ban and permit a retired judge to practise in the supreme court and in any high court other than the one in which he was a permanent judge the provision in article 224 for recalling retired judges to function on the bench for short periods has been found to be neither adequate nor satisfactory it is therefore proposed in clause 5 to replace this article by a provision for the appointment of additional judges to clear off arears and for the appointment of acting judges in temporary vacancies the amendments of articles 216 and 217 proposed in clauses 2 and 3 of the bill are more or less consequential clause 6-while the president is empowered by article 258(1) to entrust union functions to a state government or its officers, there is no corresponding provision enabling the governor or rajpramukh of a'state to entrust state functions to the central government or its officers this lacuna has been found to be of practical consequence in connection with the execution of certain development projects in the states it is proposed to fill the lacuna by a new article 258a clause 7-in this clause it is proposed to revise and amplify the scope of article 298, mainly to make it clear that the union government, as well as the state governments, are competent to carryon any commercial or industrial undertaking, whether or not it is related to a matter within the legislative competence of the union or, as the case may be, of the state similarly, the holding, acquisition and disposal of property and the making of contracts by the union or a state could be for any purpose without constitutional impropriety at the same time, the revised article provides that this extended executive power of the union and of the states will be subject, in the fonner case, to legislation by the state, and in the latter case, to legislation by the union clause 8-a minor amendment to paragraph 10 of the second schedule relating to the salaries of high court judges in part a states is proposed in this clause sometimes it becomes necessary to appoint a retired district judge as a judge of a high court in the absence of a legal provision for withholding the pension due to such a judge, it has been the practice to obtain from him an undertaking that he would not claim the pension for the period for which he serves as a high court judge since this is obviously unsatisfactory, it is proposed to add a proviso to paragraph 10 (1) of the second schedule on the same lines as the proviso to paragraph 9 (1) thereof regulating the salary of a judge of the supreme court in similar circumstances; clause 9-entry 67 of the union list refers to "ancient and historical monuments and records, and arch~ological sites and remains, declared by parliament by law to be of national importance" a large number of ancient monuments, arch~ological sites, etc, have been declared to be of national importance by an act of parliament it requires another act of parliament to make the slightest alteration in, or addition to, the lists in that act, which seems to be an unduly cumbrous procedure it is, therefore, proposed to amend the entry substituting for the words "declared by parliament by law", the words "declared by or under law made by parliament" the same amendment is also proposed to be made in the co~ected provisions, entry 12 of the state list, entry 40 of the concurrent list and article 49 clause 10-the existence of three entries in the legislative lists (33 of list i, 36 of list ii and 42 of list iii) relating to the essentially single subject of acquisition and requisitioning of property by the government gives rise to unnecessary technical difficulties in legislation in order to avoid these difficulties and simplify the constitutional position, it is proposed to omit the entries in the union and state list and replace the entry in the concurrent list by a eomprehensive entry covering the whole subject clause n-although the union list has two entries, 7 and 52, relating to industries, the latter alone is referred to in entry 24 of list ii the omission of entry 7 of list i appears to be due to an oversight and is sought to be rectified in this clause new delhi; c c biswas the 18th november, 1955  extracts from the constitution of india - • - • - • part ivdirective principles of state policy - - - - - - protection of 49 it shall be the obligation of the state to protect every monu-:':f;i::atl ment or place or object of artistic or historic interest, declared by and objects parliament by law to be of national importance, from spoliation, i!po~~:~:~ disfigurement, destruction, removal, disposal or export, as the case may be - - - - - -  part vi the states in part a of the first schedule - • - • - •constitution 216  every high court shall consist of a chief justice and such of high other judges as the president may from time to time deem it neces-courts sary to appoint: provided that the judges so appointed shall at no time exceed in number such maximum number as the president may, from time to time, by order fix in relation to that court appoinbnent 217 (1) every judge of a high court shall be appointed by the and contiili president by warrant under his hand and seal after consultation with ~:ti~ ~f : the chief justice of india, the governor of the state, and, in the 11-: cf a case of appointment of a judge other than the chief justice, the i ourt chief justice of the high court and shall hold office until he attains the age of sixty years: provided that--(a) a judge may, by writing under his hand addressed to the president, resign his office; "" (b) a judge may be rem<wed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court; (c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india  - - - - - - 220 no person who has held office as a judge of a high court prohibit!op after the commencement of this constitution shall plead or act "in r! ~~~c:::i~~ any court or before any authority within the territory of india before any authority by - - - - - - judges 224 notwithstanding anything in this chapter, the chief justice attenda~ce of a high court for any state may at any time, with the previous j~dge~tjre:r consent of the president, request any person who has held the office ~~~g8 of of a judge of that court or of any other high court to sit and act as ig courts a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president ii¥ly by order determine and have all the  jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that high court: 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 high court unless he consents so to do - - - - - - part xi relations between the union and the states - - - - - - 258 (1) notwithstanding anything in this constitution, the prest- power of the dent may, with the consent of the government of a state, entrust ~~f'e~ to poeither conditionally or unconditionally to that government or to its wers, etc, officers functions in relation to any matter to which the executive ~~~::: power of the union extends - - - - - - part xii finance, property, contracts and suits - - - - -  298 (1) the executive power of the union and of each state power to shall extend, subject to any law made by the approp"iate legisla- ~~~ty ture, to the grant, sale, disposition or mortgage of any property held for the purpose of the union or of such state, as the case may be, and to the purchase or acquisition of property for those purposes respectively, and to the making of contracts (2) all property acquired for the purposes of the union or of a state shall v~t in the union or in such state, as the case may be - - - - - -  second schedule - • - • partd provisions as to the judges of the supreme court and of the high courts in states in part a of the first schedule - • - • •9 (1) there shall be paid to the judges of the supreme court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:-the chief justice any other judge rs 5,000 4,000 provided that if a judge of the supreme court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his salary in respect of service in the supreme court shall be reduced by the amount of that pension  - - - - - 10 (1) there shall be paid to the judges of the high court of each- state specified in part a of the first schedule, in respect of time spent on actual service, salary at the following rates per mensern, that is to say:-rs 4,000 3,500  the chief justice any other judge  - - - -  seventh schedule - • - list i-union list - • - •7 industries declared by parliament by law to be necessary for the purpose :of defence or for the prosecution of war - - - - - 33 acquisition or requisitioning of property for the purposes of the union - - - - - 52 industries, the control of which by the union is declared by parliament by law to be expedient in the public interest - - - - - 67 ancient and historical monuments and records, and archeologicat sites and remains, declared by parliament by law to be of national importance - - - - - list u-state list - - - - - 12 libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those declared by parliament by law to be of national importance - - - - - 24 industries subject to the provisions of entry 52 of list i - - - - - 36 acquisition or requisitioning of property, except for the purposes of the union, subject to the provisions of entry 42 of list iii  - - - - - list m-concurrent list - - - - - 40 archeological sites and remains other than those declared" by parliament by law to be of national importance - - - - - 42 principles on which compensation for property acquired or requisitioned for the purposes of the union or of a state or for any other public purpose is to be determined, and the form and the manner in which such compensation is to be given - - - -   lok sabhaa bill further to amend the constitution of india (shri c c bimjas, minister oj lard) 