THE CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1962

Bill No. 111 of 1962

23rd November, 1962

Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—

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S.1 Short title and commencement

This Act may be called the Constitution (Fifteenth Amendment) Act, 1962.

S.2 Amendment of article 124

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

"(2A) If any question arises as to the age of a Judge of the Supreme Court, the question shall be decided by the President after making such inquiry as he may deem necessary and his decision shall be final."

S.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.

S.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, 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 making such inquiry as he may deem necessary and his decision shall be final."

S.5 Amendment of article 220

In article 220 of the Constitution, the following proviso shall be inserted before the Explanation, namely:—

"Provided that where a Judge is transferred from one High Court to another High Court for a period of not less than five years immediately before retirement, he shall be entitled, on retirement, to plead or act in the Supreme Court and all the High Courts except the High Court to which he was so transferred."

S.6 Amendment of article 222

In article 222 of the Constitution, after clause (1), the following clause shall be inserted, namely:—

"(2) When a Judge is so transferred, he shall, during the period he serves 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."

S.7 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.

S.8 Insertion of new article 224A (Appointment of retired Judges at sittings of High Courts)

After article 224 of the Constitution, the following article shall be inserted, namely:—

"224A. 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."

S.9 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 for the exercise of such power arises, 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.

S.10 Amendment of article 276

In article 276 of the Constitution, in clause (2), for the words "two hundred and fifty rupees", wherever they occur, the words "five hundred rupees" shall be substituted.

S.11 Amendment of article 297

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

S.12 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 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:

Provided that this clause shall not apply—

• (a) where a person is dismissed or removed 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 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 a

S.13 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 on 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."

S.14 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.

ANNEXURE.

EXTRACTS FROM THE CONSTITUTION OF INDIA

S.PART V THE UNION

S.CHAPTER IV THE UNION JUDICIARY

S.124 Establishment and Constitution of Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:

Provided further that—

• (a) A Judge may, by writing under his hand addressed to the President, resign his office;
• (b) a Judge may be removed from his office in the manner provided in clause (4).

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citi

S.128 Attendance of retired Judges at sittings of the Supreme Court

Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court to sit and act as a Judge of the Supreme Court, 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 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 Court unless he consents so to do.

S.PART VI THE STATES

S.CHAPTER V THE HIGH COURTS IN THE STATES

S.217 Appointment and conditions of the office of a 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 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 years:

Provided that—

• (a) a Judge may, by writing under his hand addressed to the President, resign his office;
• (b) a Judge may be removed 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.

(2) A perso

S.220 Restriction on practice after being a permanent Judge

No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.

Explanation.—In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.

S.222 Transfer of a Judge from one High Court to another

(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.

S.224 Appointment of additional and acting Judges

(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such