THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963

Statement of Objects and Reasons appended to the Constitution
      (Fifteenth Amendment) Bill, 1962 which was enacted as
           the Constitution (Fifteenth Amendment) Act, 1963

                   STATEMENT OF OBJECTS AND REASONS

Several  amendments to the Constitution have been under  consideration
for  a  long  time.   The  Constitution  (Fifth   Amendment)  Bill  was
introduced  in Lok Sabha in November, 1955, to give effect to some  of
them.   For various reasons, the Bill could not be proceeded with, and
it  was  allowed to lapse except the one relating to the amendment  of
article 3 of the Constitution.  This article was amended separately by
the  Constitution  (Fifth  Amendment)  Act, 1955.   The   present  Bill
contains  some  of the proposals included in the  Constitution  (Fifth
Amendment)  Bill and, in addition , there are a few more proposals for
amendment  of  the Constitution.  The proposals relating  to   articles
276,  297,  311,  and 316 of the Constitution were  contained  in   the
Constitution  (Fifth  Amendment) Bill and they have been adopted  with
some  minor modifications.  The new proposals relate to articles  124,
128, 217, 220, 222, 224A, 226 and entry 78 of the Union List.

2.   It  is  proposed to amend article 217 so as to raise the  age  of
retirement  of High Court Judges from sixty years to sixty-two  years.
When  any question arises to the correct age of a Judge of the Supreme
Court  or  of  a  High Court, the question has to be  decided   by  the
President.   It  is  proposed to make the position clear by   making  a
specific  provision  in  articles  124  and  217.    It  is  considered
desirable  in  the public interest that Judges should  be  transferred
from  one High Court to another.  Such transfer is expected to  impose
additional  financial  burden on the Judge who is so transferred.   It
is,  therefore,  proposed  to pay him some compensatory  allowance   in
addition  to  his salary.  When a Judge is transferred from  one   High
Court to another, he cannot, in view of the provisions of article 220,
resume  practice in any of the High Courts in which he has held office
as  a  Judge.  The provisions of article 220 therefore put a check  on
the  proposal  for the transfer of any Judge of a High Court.  It  is,
therefore,  proposed  to  amend article 220 so  that  the   restriction
regarding  resumption of practice should apply only to the High  Court
from which the Judge retires, provided that he had served in that High
Court  for  a  period  of  at  least  five  years   immediately  before
retirement.  Such a provision would facilitate the transfer of Judges.
Under  the  existing  article 226 of the Constitution, the  only   High
Court which has jurisdiction with respect to the Central Government is
the  Punjab  High  Court.   This  involves   considerable  hardship  to
litigants  from  distant places.  It is, therefore, proposed to  amend
article  226 so that when any relief is sought against any Government,
authority  or person for any action taken, the High Court within whose
jurisdiction  the cause of action arise may also have jurisdiction  to
issue  appropriate  directions,  orders  or   writs.    The  other  new
proposals are of a minor character.

3.   The notes on clauses appended to the Bill explain the  provisions
thereof.

NEW DELHI;                                               A. K. SEN.

The 14th November, 1962.

THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963

                                                [5th October, 1963.]

An Act further to amend the Constitution of India.

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

1.   Short  title.-This Act may be called the Constitution  (Fifteenth
Amendment) Act, 1963.

2.   Amendment  of  article 124.-In article 124 of  the  Constitution,
after clause (2), the following clause shall be inserted, namely:-

"(2A)  The age of a Judge of the Supreme Court shall be determined  by
such authority and in such manner as Parliament may by law provide.".

3.   Amendment  of  article 128.-In article 128 of  the  Constitution,
after the words "Federal Court", the words "or who has held the office
of  a Judge of a High Court and is duly qualified for appointment as a
Judge of the Supreme Court" shall be inserted.

4.  Amendment of article 217.-In article 217 of the Constitution,--

(a)  in clause (1), for the words "sixty years", the words  "sixty-two
years" shall be substituted;

(b) after clause (2), the following clause shall be inserted and shall
be deemed always to have been inserted, namely:-

"(3)  If any question arises as to the age of a Judge of a High Court,
the question shall be decided by the President after consultation with
the  Chief Justice of India and the decision of the President shall be
final.".

5.   Amendment  of  article 222.-In article 222 of  the  Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(2)  When a Judge has been or is so transferred, he shall, during the
period  he  serves,  after  the   commencement  of   the   Constitution
(Fifteenth  Amendment) Act.  1963, as a Judge of the other High Court,
be  entitled  to receive in addition to his salary  such  compensatory
allowance  as  may  be determined by Parliament by law  and   until  so
determined,  such compensatory allowance as the President may by order
fix.".

6.   Amendment of article 224.-In article 224 of the Constitution,  in
clause  (3), for the words "sixty years", the words "sixty-two   years"
shall be substituted.

7.    Insertion  of  new   article   224A.-After  article  224  of  the
Constitution, the following article shall be inserted, namely:-

"224A.   Appointment  of retired Judges at sittings of  High  Courts.-
Notwithstanding  anything in this Chapter, the Chief Justice of a High
Court  for any State may at any time with the previous consent of  the
President,  request  any person who has held the office of a Judge  of
that Court or of any other High Court to sit and act as 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 may 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.".

8.  Amendment of article 226.-In article 226 of the Constitution,-

(a)  after  clause  (1),  the   following  clause  shall  be  inserted,
namely:-

"(1A) The power conferred by clause (1) to issue directions, orders or
writs  to any Government, authority or person may also be exercised by
any  High Court exercising jurisdiction in relation to the territories
within  which  the cause of action, wholly or in part, arises for  the
exercise  of  such  power,  notwithstanding  that  the   seat  of  such
Government  or authority or the residence of such person is not within
those territories.";

(b) in clause (2), for the word, brackets and figure "clause (1)", the
words,  brackets, figures and letter "clause (1) or clause (1A)" shall
be substituted.

9.   Amendment  of  article 297.-In article 297 of  the  Constitution,
after  the  words "territorial waters", the words "or the   continental
shelf" shall be inserted.

10.  Amendment of article 311.-In article 311 of the Constitution, for
clauses  (2)  and  (3), the following clauses  shall  be   substituted,
namely:-

"(2)  No  such  person as aforesaid shall be dismissed or  removed  or
reduced  in rank except after an inquiry in which he has been informed
of the charges against him and given a reasonable opportunity of being
heard in respect of those charges and where it is proposed, after such
inquiry,  to impose on him any such penalty, until he has been given a
reasonable  opportunity  of  making   representation  on   the  penalty
proposes,  but  only on the basis of the evidence adduced during  such
inquiry:

Provided that this clause shall not apply-

(a)  where a person is dismissed or removed or reduced in rank on  the
ground  of  conduct  which  has led to his conviction  on  a   criminal
charge;  or

(b)  where the authority empowered to dismiss or remove a person or to
reduce  him in rank is satisfied that for some reason, to be  recorded
by that authority in writing, it is not reasonably practicable to hold
such inquiry;  or

(c)  where  the  President  or the Governor, as the case  may  be,  is
satisfied  that in the interest of the security of the State it is not
expedient to hold such inquiry.

(3)  If, in respect of any such person as aforesaid, a question arises
whether  it  is  reasonably  practicable to hold such  inquiry   as  is
referred  to  in  clause (2), the decision thereon  of  the   authority
empowered  to  dismiss or remove such person or to reduce him in  rank
shall be final.".

11.   Amendment  of article 316.-In article 316 of  the  Constitution,
after clause (1), the following clause shall be inserted, namely:-

"(1A)  If the office of the Chairman of the Commission becomes  vacant
or  if  any  such Chairman is by reason of absence or  for  any   other
reason unable to perform the duties of his office, those duties shall,
until  some person appointed under clause (1) to the vacant office has
entered  or  the  duties  thereof or, as the case may  be,   until  the
Chairman has resumed his duties, be performed by such one of the other
members  of the Commission as the President, in the case of the  Union
Commission or a Joint Commission, and the Governor of the State in the
case of a State Commission, may appoint for the purpose.".

12.  Amendment of the Seventh Schedule.-In the Seventh Schedule to the
Constitution,  in List I, in entry 78, after the word  "organisation",
the  brackets and words "(including vacations)" shall be inserted  and
shall be deemed always to have been inserted.