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REGISTERED NO. D. 221

The Gazette of India

KXTRAORDINARY

PART 11—Section 1

PUBLISHED BY AUTHORITY

No, 31] NEW DELHI, MONDAY, OCTOBER 7, 1963/ASVINA 15, 1885

MINISTRY OF LAW (Legislative Department) New Delhi, the 1th October, 1963/Asvina15, 1885 (Saka)

The following Acts of Parliament received the assent, of the Presi- dent on the 5th October, 1963, and are hereby published for general information: —

THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963

[5th October, 1963]

An Act further to amend the Constitution of India,

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows: —

Short title.

1. This Act may be called the Constitution (Fifteenth Amend-

ment) Act, 1963.

2. In article 124 of the Constitution, after clause (2), the follow- ing clause shall be Inserted, namely:—

Amendment of article 124.

"(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.".

Amendment of article 128.

3. 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.

4. In article 217 of the Constitution,—

Amendment of article 217.

(a) in clause (1), for the words "sixty years", the words "sixty-two years" shall be substituted:

(349)

(b) after clause (2), the following clause shall be inserted and shall be deemed always to have been 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 consultation with the Chief Justice of India and the decision of the President shall be final.".

5. In article 222 of the Constitution, after clause (1), the follow- ing clause shall be inserted, namely:—

Amendment of article 222.

, "(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.".

6. In article 224 of the Constitution, in clause (3), for the words "sixty years", the words "sixty-two years" shall be substituted.

Amendment of article 224.

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

Insertion of new article 2 34 A.

Appoint- ment of retired Judges ai •Ittings of High Courta.

"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 ait and act as a Judge of tha 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 pri- vileges 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.".

8. In article 226 of the Constitution,—

Amendment of article 226.

(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 tht cause of action, wholly or In part, arises for the exercise of such power, notwithstanding that the seat of such Govern- ment 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,

1). ,n article 297 of the Constitution, after the words "territorial waters', the words "or the continental shelf" shall be inserted.

Amendment of article 297.

10. In article 311 of the Constitution, for clauses (2) and (3), the tollowing clauses shall be substituted, namel/:—

Amendment of article 311.

"(2) No such person as aforesaid s.iall be dismissed or t-emoviid or reduced in rank except alter 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 proposed, 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 con- viction on a criminal charge; or

(b) where the authority empowered to dismiss or re- move 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 autho- rity empowered to dismiss or remove such person or to reduce him in rank shall be final.".

11. In article 316 of the Constitution, after clause (1), the follow- ing clause shall be inserted, namely: —

Amendment of article 316.

"(1A) If the office of the Chairman of the Commission be- comes vacant or if any such Chairman is by reason of absence or

for any other reason unable to perform the duties of his .offlca, those duties shall, until some person appointed under clause (1) 10 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.".

Amendment

of he

Seventh

Schedule.

12. 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 alway" to have been inserted.

THE CONSTITUTION (SIXTEENTH AMENDMENT)

ACT, 1963

[5t7i October, 1963J

An ACT further to amend the Constitution of India.

BE it enacted by Parliament in the Fourteenth Year of tho Republic of India as follows:—

Short title.

1. This Act may be called the Constitution (Sixteenth Amendment)

2. In article 19 of the Constitution,—

Amend-

ment of

article 19.

(a) in clause (2), after the words "in the interests of", the words "the sovereignty and integrity of India," shall be inserted; (b) in clauses (3) and (4), after the words "in the interests of", the words "the sovereignty and integrity of India or" shell be inserted.

3. In article 84 of the Constitution, for clause (a), the following clause shall be substituted, namely: —

Amend-

ment of

article 84-

" (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;".

4. In article 173 of the Constitution, for clause (a), the following clause shall be substituted, namely: —

Amend- ment of article 173.

"(a) is a citizen of India, and makes and subscribes before 'nine person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;".

&. In tha Third Schedule to the Constitution,—

AHIWHJ-

m"nt "C

ifchwijiile.

(a) in Foira I, after the words "Constitution of Indit "s by law established,", the words "that, I will untold tb" sovertignty ,inij integrity ot India, shall be in£"rt"d;

(b) for Form III, the following shall be substituted, namely; —

'Ill

A

Form of oath or affirmation to be m*ade by a candidate lor election to Parliament: —

"I, A.B., having been nominated as a candidate to fill a •"eat in the Council of States (or the House of the People) , swear In the name of God ,. . T „, . do — — —— —... that I will bear true

solemnly affirm

faith and allegiance to the Constitution of India as by low established and that I will uphold tihe sovereignty and inte- grity of India.".

B

Form of oath or affirmation to be made by a member of Parliament: —

"I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) , swear in the name of God ,, _ ,,, , do — —._ ...-—_ —_ that I will bear true

solemnly affirm

faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the du'.y upon which I am about to enter."';

(c) in Forms IV, V and VIII, after the words "the Constitu- tion of India as by law established,", the words "that I will uphold the sovereignty end integrity of India." ishall be inserted;

(d) for Form VII, the following shall be substituted,

•VII

A

Form of oath or affirmation to be made by * candidate lor election to the Legislature of a State: —

"I, A.B., having been nominated as a candidate to fill a Beat in the Legislative Assembly (or Legislative Council).

swear In the name 01 uod ,, , . ,,, . „ „.

^ — — i s s j s r s ss t h a t: wm ^t r ue

faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and inte- grity of India".

B

Form of oath or affirmation to be made by a member of the Legislature of a State: —

"I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do ^ j w e a ^ n _ t he name of God._ t h at 1 w i ll b e ar t r ue

solemnly affirm

faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."'.

S". P. SEN-VARMA,

Special Secy- to the Govt of India.

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