15th Constitutional Amendment Act: Key Provisions, Articles Amended & Significance

15th Constitutional Amendment Act, 1963, was enacted by Parliament to bring several administrative and judicial reforms to the Indian Constitution. The amendment mainly focused on improving the functioning of the judiciary, clarifying constitutional provisions related to judges, and strengthening protections for civil servants.

One of the most notable changes was the increase in the retirement age of High Court judges from 60 years to 62 years. The amendment also expanded the writ jurisdiction of High Courts under Article 226, allowing them to issue writs even when the concerned authority is located outside the state, provided the cause of action arises within their jurisdiction.

For UPSC aspirants, the 15th Amendment of the Indian Constitution is an important topic under Indian Polity as it highlights constitutional developments related to the judiciary, civil services, and administrative functioning.

15th Constitutional Amendment Act

15th Constitutional Amendment Act was passed in 1963 by the Indian Parliament. This act aimed to make significant adjustments, mainly concerning the judiciary and civil service. Its purpose was to improve how courts function, bring clarity to administration, and protect the rights of government employees. It changed rules about judges' retirement, eligibility for Supreme Court roles, and High Court authorities.

Key Changes Introduced by the 15th Constitutional Amendment Act

The 15th Constitutional Amendment Act 1963 made several modifications to existing constitutional provisions. These changes were mainly related to judicial administration, civil service protection, and territorial jurisdiction.

Amendment of Article 124 – Retirement Age of Supreme Court Judges

A new clause (2A) was inserted in Article 124. This clause empowered Parliament to determine the retirement age of Supreme Court judges through legislation instead of permanently fixing it within the Constitution. This provided flexibility in regulating judicial service conditions.

Amendment of Article 128 – Appointment of Retired Judges

Changes in Article 128 allowed retired judges of High Courts who fulfilled the required qualifications to be appointed temporarily to the Supreme Court. This provision helped ensure the availability of experienced judges when required.

Amendment of Article 217 – Age of High Court Judges

One of the most significant provisions of the amendment was the increase in the retirement age of High Court judges from 60 years to 62 years.

The amendment also added Clause (3), which states that if there is any dispute regarding the age of a High Court judge, the President of India will make the final decision after consulting the Chief Justice of India (CJI).

Amendment of Article 222 – Transfer of High Court Judges

The amendment clarified provisions regarding the transfer of High Court judges from one High Court to another.

It also introduced the concept of a compensatory allowance, which is paid to a judge transferred to another High Court. This allowance is provided in addition to the judge’s salary to compensate for relocation.

Amendment of Article 224 and Insertion of Article 224A

The amendment increased the retirement age for additional High Court judges to 62 years.

It also inserted Article 224A, which allows the appointment of retired High Court judges as ad hoc judges when necessary. Such appointments can be made with the approval of the President and at the request of the Chief Justice of the concerned High Court. These judges enjoy the same powers and privileges as regular judges during their tenure.

Amendment of Article 226 – Expansion of High Court Writ Jurisdiction

Article 226 was amended to expand the writ jurisdiction of High Courts.

High Courts were given the authority to issue writs, orders, or directions even to authorities located outside their territorial limits if the cause of action arises within the state. This significantly strengthened the role of High Courts in protecting fundamental rights and ensuring administrative accountability.

Amendment of Article 297 – Territorial Waters and Continental Shelf

The amendment clarified India’s authority over territorial waters and the continental shelf.

The term “continental shelf” was explicitly included in Article 297. This confirmed the Union government’s authority over maritime resources and territories for purposes such as resource exploration, administration, and national security.

Amendment of Article 311 – Protection for Civil Servants

The amendment strengthened safeguards provided to government employees under Article 311.

It ensured that no civil servant could be dismissed, removed, or demoted without a proper inquiry. During such an inquiry, the employee must be informed about the charges and given an opportunity to defend themselves.

However, exceptions exist in situations such as:

• Conviction in a criminal case

• When conducting an inquiry is not reasonably possible

• When national security interests are involved

Amendment of Article 316 – Temporary Chairman of Public Service Commission

The amendment clarified the procedure when the Chairman of a Public Service Commission is absent or the post becomes vacant.

In such cases:

• The President may appoint another member to act as Chairman for Union or Joint Public Service Commissions.

• The Governor may appoint a member to perform the duties of the Chairman in State Public Service Commissions.

This arrangement continues until a new Chairman is appointed or the original Chairman resumes duties.

Amendment of the Seventh Schedule

The amendment also modified Entry 78 of List I (Union List) in the Seventh Schedule by inserting the phrase “including vacations” after the word “organisation.”

This clarification helped remove ambiguity regarding the administrative functioning of the Supreme Court and High Courts, particularly concerning working periods and judicial administration.

Importance of the 15th Constitutional Amendment for UPSC

The 15th Constitutional Amendment Act is important for UPSC Polity preparation because it highlights constitutional reforms aimed at strengthening judicial functioning and administrative efficiency.

Key takeaways include:

• Increase in High Court judges’ retirement age to 62 years

• Expansion of High Court writ jurisdiction

• Provision for ad hoc judges in High Courts

• Stronger protection for civil servants

• Clarification of India’s authority over territorial waters and the continental shelf
  
  

Understanding these changes helps aspirants analyze how constitutional amendments improve governance and judicial administration in India.