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.
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