AMENDMENT_15_05101963

PART12.txt

@@ -575,7 +575,7 @@ Explanation.—In this article, the expressions “Ruler” and “Indian State
 have the same meanings as in article 363.
 297. All lands, minerals and other things of value 
 underlying the ocean within the territorial 
-waters of India shall vest in the Union 
+waters or the continental shelf of India shall vest in the Union 
 and be held for the purposes of the Union.
 298. Power to carry on trade, etc.— The executive power of the Union
 and of each State shall extend to the carrying on of any trade or business and t

PART14.txt

@@ -48,33 +48,29 @@ civil capacities under the Union or a State.—(1) No person who is a member
 of a civil service of the Union or an all-India service or a civil service of a
 State or holds a civil post under the Union or a State shall be dismissed or
 removed by an authority subordinate to that by which he was appointed.
-
-(2) No such person as aforesaid shall be dismissed or 
-removed or reduced in rank until he has been given a reason- 
-able opportunity of showing cause against the action proposed 
-to be taken in regard to him :-
-Provided that this clause shall not apply 
-(a) where a person is dismissed or removed or re 
-duced in rank on the ground of conduct which 
-has led to his conviction on a criminal charge ; 
-(b) where an 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 reason- 
-ably practicable to give to that person an 
-opportunity of showing cause ; or 
-(c) where the President or Governor or Rajpra* 
-mukh, as the case may be, is satisfied that in 
-the interest of the security of the State it is 
-not expedient to give to that person such an 
-opportunity. 
-
-(3) If any question arises whether it is reasonably 
-practicable to give to any person an opportunity of showing 
-cause under clause (2), the decision thereon of the authority 
-empowered to dismiss or remove such person or to reduce 
-him in rank, as the case may be, shall be final. 
-
+(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.
 312. All-India services.—(1) Notwithstanding anything in Part XI, if the Counc
 il of States has declared by resolution
 supported by not less than two-thirds of the members present and voting that it
@@ -156,7 +152,16 @@ Government of India or under the Government of a State, and in computing the
 said period of ten years any period before the commencement of this
 Constitution during which a person has held office under the Crown in India or
 under the Government of an Indian State shall be included.
-
+(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 appointe
+d
+under clause (1) to the vacant office has entered on the duties thereof or, as t
+he
+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.
 (2) A member of a Public Service Commission shall hold office for a
 term of six years from the date on which he enters upon his office or until he
 attains, in the case of the Union Commission, the age of sixty-five years, and i

PART5.txt

@@ -1217,7 +1217,8 @@ Provided further that—
 President, resign his office;
 (b) a Judge may be removed from his office in the manner
 provided in clause (4).
-
+(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) A person shall not be qualified for appointment as a Judge of the
 Supreme Court unless he is a citizen of India and—
 (a) has been for at least five years a Judge of a High Court or of two
@@ -1293,7 +1294,8 @@ discharge the duties, of a Judge of the Supreme Court.
 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
+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 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

PART6.txt

@@ -1105,7 +1105,7 @@ other than the Chief Justice, the Chief Justice of the High Court, and shall hol
 d
 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:
+and in any other case, until he attains the age of sixty-two years:
 Provided that—
 (a) a Judge may, by writing under his hand addressed to the
 President, resign his office;
@@ -1137,7 +1137,9 @@ Constitution during which he has held judicial office in any area which
 was comprised before the fifteenth day of August, 1947, within India as
 defined by the Government of India Act, 1935, or has been an advocate
 of any High Court in any such area, as the case may be.
-
+(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.
 218. Application of certain provisions relating to Supreme Court to
 High Courts.— The provisions of clauses (4) and (5) of article 124 shall apply
 in relation to a High Court as they apply in relation to the Supreme Court with
@@ -1174,7 +1176,12 @@ appointment.
 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.
-
+(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.
 223. Appointment of acting Chief Justice.—When the office of Chief
 Justice of a High Court is vacant or when any such Chief Justice is, by reason
 of absence or otherwise, unable to perform the duties of his office, the duties 
@@ -1198,8 +1205,19 @@ office or is appointed to act temporarily as Chief Justice, the President may
 appoint a duly qualified person to act as a Judge of that Court until the
 permanent Judge has resumed his duties.
 (3) No person appointed as an additional or acting Judge of a High
-Court shall hold office after attaining the age of sixty years.
-
+Court shall hold office after attaining the age of sixty-two years.
+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.
 225. Jurisdiction of existing High Courts.—Subject to the provisions
 of this Constitution and to the provisions of any law of the appropriate
 Legislature made by virtue of powers conferred on that Legislature by this
@@ -1232,8 +1250,14 @@ writs, including writs in the nature of habeas corpus,
 mandamus, prohibition, quo warranto and certiorari, or any 
 of them, for the enforcement of any of the rights conferred 
 by Part III and for any other purpose.
-
-(2) The power conferred on a High Court by clause (1)
+(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.
+(2) The power conferred on a High Court by clause (1) or clause (1A)
 shall not be in derogation of the power conferred on the 
 Supreme Court by clause (2) of article 32. 
 

SCHEDULE7.txt

@@ -191,7 +191,7 @@ entitled to practise before the Supreme Court.
 
 THE CONSTITUTION OF INDIA
 
-78. Constitution and organisation of the High Courts
+78. Constitution and organisation (including vacations) of the High Courts
 except provisions as to officers and servants of High Courts; persons entitled t
 o
 practise before the High Courts.