Part VI: Subordinate Courts

Chapter VI: Subordinate Courts

Article 233A: Validation of Appointments and Judgments of District Judges

--- Original Article ---

[233A] Validation of appointments of, and judgments, etc., delivered by, certain district judges.—Notwithstanding any judgment, decree or order of any court,—

(a)

• (i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and
• (ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.]

1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).

Explanations

Article 233A of the Constitution of India was introduced through the Constitution (Twentieth Amendment) Act, 1966. This provision was enacted to address certain irregularities in the appointment, posting, and promotion of district judges in various states before the amendment's enactment on December 22, 1966. The article provides a protective mechanism to validate these appointments and the judgments passed by such appointees, irrespective of procedural deviations from Articles 233 and 235.

Clause-by-Clause Explanation

Clause (a): Validation of Appointment, Posting, Promotion, or Transfer

Clause (a)(i): Judicial Service Appointments to District Judge Positions.

This clause upholds that any person already in the judicial service of a state or any advocate or pleader with at least seven years of experience, appointed as a district judge before the 1966 amendment, will not be deemed to have been appointed illegally, even if the appointment did not strictly adhere to Articles 233 or 235.

Clause (a)(ii): Validity of Posting, Promotion, or Transfer.

Under this sub-clause, any posting, promotion, or transfer of district judges before the 1966 amendment is deemed valid, even if conducted outside the scope of Articles 233 or 235, thereby preventing such decisions from being declared illegal or void based solely on procedural grounds.

Clause (b): Validation of Jurisdiction Exercised and Judgments Passed

This clause ensures that any jurisdiction exercised or judgment, decree, or sentence passed by such appointees before December 22, 1966, cannot be challenged as illegal or invalid solely due to procedural non-compliance with Articles 233 or 235. It thus protects the legal sanctity of judicial proceedings conducted under these appointments.

Amendments

Inserted by the Constitution (Twentieth Amendment) Act, 1966, on December 22, 1966, this article serves as a retrospective validation of the decisions made by district judges appointed outside the formal constitutional provisions.

Historical Significance

Article 233A highlights the need for flexibility within the judicial appointment process to address administrative oversight without compromising judicial authority. This provision provided continuity to the judicial system by upholding the authority of district judges, ensuring that legal proceedings conducted under their jurisdiction remained legally binding, even if their appointments deviated from procedural norms.

References

• The Constitution of India - Article 233A.
• The Constitution (Twentieth Amendment) Act, 1966.
• Basu, D.D. "Commentary on the Constitution of India".
• Constituent Assembly Debates.