The 15th Amendment of the Indian Constitution, enacted in 1963, is a significant yet often overlooked constitutional development. This amendment broug

15th Amendment of the Indian Constitution

The 15th Amendment of the Indian Constitution, enacted in 1963, is a significant yet often overlooked constitutional development. This amendment brought changes that directly impacted the service conditions of judges of the High Courts, the retirement age of judges, and resolved ambiguities concerning the appointment of retired judges. These changes played a crucial role in strengthening the independence and functionality of the Indian judiciary.

In this blog post, we will examine the background, objectives, key provisions, and the significance of the 15th Amendment of the Indian Constitution.

---

Background: Why Was the 15th Amendment Needed?

In the early decades after independence, the Indian judiciary began to experience increased pressure due to rising litigation and growing complexities in law. High Courts across the country were burdened with pending cases, and there was a pressing need to improve judicial efficiency.

At that time, High Court judges retired at the age of 60, while Supreme Court judges retired at 65. Many stakeholders, including the Law Commission and members of the judiciary, suggested that the retirement age of High Court judges be raised to ensure continuity and experience on the bench.

Additionally, there were concerns over the reappointment of retired judges. The existing framework lacked clarity on whether and how retired judges could be reappointed temporarily to ease the burden of pending cases. There was also a need to bring uniformity in the practice and service conditions of judges who were transferred or appointed to different High Courts.

These concerns led to the introduction of the Constitution (Fifteenth Amendment) Bill, 1962, which aimed to improve the effectiveness of the judiciary and bring about structural improvements in the judicial system.

---

Key Provisions of the 15th Amendment

The 15th Amendment introduced several important changes, primarily focused on judicial appointments, retirement, and jurisdiction. The key features of the amendment are as follows:

1. Retirement Age of High Court Judges

One of the most important features of the 15th Amendment was the increase in the retirement age of High Court judges from 60 years to 62 years. This change was made to retain experienced judges for a longer duration, thus helping High Courts handle their increasing workload more efficiently.

This also brought the retirement age of High Court judges closer to that of Supreme Court judges, thereby reducing the gap and helping maintain a more consistent judicial hierarchy.

2. Appointment of Retired Judges to High Courts

The amendment added a provision allowing the Chief Justice of a High Court, with the prior consent of the President, to request a retired judge to sit and act as a judge of that court. This was intended to:

• Address the shortage of judges.

• Clear backlogs by using the expertise of retired judges.

• Provide flexibility in judicial administration.

The retired judge, when acting as a judge of the High Court, would enjoy the same privileges, powers, and immunities as any sitting judge of that High Court.

3. Jurisdiction of High Courts

The 15th Amendment also allowed Parliament to extend the jurisdiction of a High Court to a Union Territory, a provision that was especially relevant considering the increasing number of Union Territories being added to the Indian Union during that period.

This change meant that instead of setting up new High Courts for every Union Territory, existing High Courts could be assigned jurisdiction over those territories. This provision offered a more practical and resource-efficient solution for judicial governance in smaller territories.

4. Service Conditions of Judges

The amendment enabled Parliament to regulate the conditions of service of judges who are transferred from one High Court to another. This was done to ensure fairness and consistency in the treatment of judges who served across different states.

---

Legal and Administrative Impact

The 15th Amendment had a far-reaching impact on India’s judicial system. By increasing the retirement age of High Court judges, the government ensured that experienced judicial minds would stay longer on the bench. This contributed to a more robust and consistent delivery of justice across the country.

Furthermore, allowing the reappointment of retired judges brought much-needed flexibility to the judicial system. In times of increased case backlog or emergency, High Courts could temporarily fill gaps without long appointment procedures.

The provision to extend High Court jurisdiction to Union Territories prevented the need to establish new High Courts, which would have been financially and administratively burdensome. It also ensured that citizens in Union Territories had access to the same standard of justice as those in states.

In essence, this amendment promoted a more efficient, responsive, and coordinated judiciary.

---

Relevance in Today’s Context

Even decades after its enactment, the 15th Amendment continues to hold relevance. The issue of judicial backlog remains one of the major challenges in India’s justice delivery system. The ideas embedded in this amendment, such as leveraging retired judges and managing judicial appointments with greater flexibility, still find resonance in judicial reforms discussions today.

There are also continuing debates on whether the retirement age for High Court and Supreme Court judges should be further increased. Some have even suggested a uniform retirement age for all judges to ensure parity and reduce the administrative hurdles of replacing experienced judges frequently.

---

Conclusion

The 15th Amendment of the Indian Constitution was a landmark step toward reforming and modernizing India’s judicial system. It addressed key concerns regarding the retirement age, service conditions, and reappointment of judges, while also enhancing the capacity of High Courts to serve a larger population.

By introducing practical measures such as extending jurisdiction and allowing retired judges to return to the bench temporarily, the amendment contributed to improving the accessibility and efficiency of justice.

In the broader picture of India’s constitutional evolution, the 15th Amendment stands out as a thoughtful response to administrative challenges within the judiciary, and its relevance endures even today as India seeks to make its justice delivery system more efficient and citizen-centric.