15th Constitutional Amendment Act 1963, Articles, Changes

The 15th Constitutional Amendment Act 1963 was enacted by the Indian Parliament to make important changes in the Constitution, particularly concerning the judiciary and public service protections. The amendment aimed to strengthen judicial functioning, improve administrative clarity, and safeguard the rights of public servants. It introduced changes in the retirement age of judges, eligibility for Supreme Court appointments, powers of High Courts, and protections for civil servants.

Changes Made by 15th Constitutional Amendment Act 1963 

15th Constitutional Amendment Act 1963 made following changes in the constitution of India: 

Amendment of Article 124 – Supreme Court Judges’ Age

• Clause (2-A) was inserted in Article 124, allowing Parliament to decide the retirement age of Supreme Court judges by law. 
• This gave flexibility instead of fixing the age strictly in the Constitution.

Amendment of Article 128 – Eligibility for Supreme Court

• Article 128 was amended to include judges who had served in High Courts and were duly qualified for the Supreme Court. 
• This expanded the pool of eligible candidates beyond just former Federal Court judges.

Amendment of Article 217 – High Court Judges’ Age

• The retirement age of High Court judges was increased from 60 to 62 years. 
• A new clause (3) allowed the President, after consulting the Chief Justice of India, to decide any disputes regarding a judge’s age, and this decision would be final.

Amendment of Article 222 – Transfers and Allowances

• When a High Court judge is transferred to another High Court, they are entitled to a compensatory allowance in addition to their salary during the period of service. 
• The allowance is determined by Parliament or, until then, by the President.

Amendment of Article 224 and Insertion of Article 224-A

• The retirement age for additional High Court judges was increased to 62 years. 
• Article 224-A was added to allow retired judges to temporarily sit and act as High Court judges when requested by the Chief Justice and approved by the President, with full powers and allowances.

Amendment of Article 226 – High Court Powers

• High Courts were given the power to issue directions, orders, or writs to governments, authorities, or persons even if they are outside the state, as long as the cause of action arises in the state.

Amendment of Article 297 -Territorial Waters and Continental Shelf

• The amendment clarified India’s control over maritime areas. 
• In addition to “territorial waters,” the Constitution now explicitly includes the “continental shelf,” giving India legal authority over these areas for governance, resources, and security purposes.

Amendment of Article 311 – Civil Service Protection

• The 15th Constitutional Amendment strengthened protections for civil servants by ensuring that no government employee can be dismissed, removed, or reduced in rank without a proper inquiry. 
• This means that before any major penalty is imposed, the employee must be informed of the charges, given a fair chance to present their case, and allowed to respond to the proposed punishment. 
• Exceptions: 
  • if the employee has been convicted of a crime, 
  • if it is practically impossible to conduct an inquiry, or
  • if the President or Governor believes holding an inquiry would affect national security
• In cases where it is questioned whether an inquiry can be held, the decision of the authority in charge is final.

Amendment of Article 316 -Temporary Chairman Duties

The 15th Constitutional Amendment clarified what happens if the office of a Commission Chairman (such as the Public Service Commission) becomes vacant or if the Chairman is temporarily unable to perform duties due to absence or other reasons. 

• In such cases, another member of the Commission, appointed by the President (for Union or Joint Commissions) or by the Governor (for State Commissions), can perform all the duties of the Chairman until a new Chairman is appointed or the original Chairman resumes office. 

Amendment of the Seventh Schedule 

• The phrase “(including vacations)” was added after the word “organisation” in List I, entry 78 of the Seventh Schedule. This made administrative provisions clearer and ensured proper interpretation regarding official duties and leave periods.
• It helped avoid confusion about administrative functions and responsibilities during official breaks, making the rules regarding the functioning of offices and officials more precise and easier to interpret.

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