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Fifteenth Amendment of the Constitution of India
The Fifteenth Amendment of the Constitution of India, officially known as The Constitution (Fifteenth Amendment) Act, 1963, raised the retirement age of High Court judges from 60 to 62, made changes to some rules concerning appointments of Supreme Court and High Court Judges, made provisions for the appointment an acting Chairman of a Public Service Commission, and made changes to the procedure for demotion or dismissal of a civil servant.
==Constitutional changes==
Section 2 of the 15th Amendment inserted a new clause (2A) in article 124 providing that 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. Section 3 amended article 128, to provide for the appointment of a retired Judge of a High Court also to sit and act as a Judge of the Supreme Court. Section 4 amended Clause (1) of article 217 to provide for raising of the age of retirement of a High Court Judge from 60 to 62 years. New clause (3), inserted in article 217 with retrospective effect, enables the President, after consultation with the Chief Justice of India, to determine any question as to the age of a Judge of a High Court. Section 5 inserted a new clause (2) in article 222 to provide for payment of compensatory allowance to a Judge in addition to his salary on his transfer from one High Court to another. Section 7 inserted a new article 224A to provide for the appointment of a retired High Court Judge to sit and act as a Judge of a High Court. Section 8 inserted a new clause (1A) inserted in article 226 providing that the High Court, within whose jurisdiction the cause of action arises, may also exercise jurisdiction to issue directions, orders or writs to any Government, authority or person notwithstanding that the seat of such Government or authority or the residence of such person is outside the territorial jurisdiction of the High Court.〔
Section 9 inserted the words “or the continental shelf”, after the words “territorial waters”, in article 297. Section 10 substituted the existing clauses (2) and (3) of article 311, with new clauses to provide inter alia that a civil servant shall not be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard at the inquiry stage, and when after inquiry it is proposed to impose any such penalty on him, the reasonable opportunity afforded to him would be limited to making a representation on the penalty proposed only on the basis of the evidence adduced during such inquiry. This provision is subject to certain exceptions as provided for therein. Section 11 inserted a new clause (1A) in article 316 to provide for appointment of an acting Chairman of a Public Service Commission when that office is vacant or when the permanent Chairman is on leave or is for any other reason unable to perform the duties of his office. Section 12 amended entry 78 in List 1 of the Seventh Schedule, retrospectively inserting the brackets and words “(including vacations)” after the word “organisation”.〔 〕
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