ARTICLE 233, 233A OF CONSTITUTION OF INDIA 1949

What is the method of Appointment of district judges? What is Validation of appointments of, and judgments, etc., delivered by, certain district judges.- Notwithstanding any judgment, decree or order of any court? Article 233 and 233A of Constitution of India, 1949

Appointment of district judges and Validation of appointments of, and judgments, etc., delivered by, certain district judges.- Notwithstanding any judgment, decree or order of any court are defined under Article 233 and 233A of Constitution of India 1949. Provisions under this Article are:

 

 

Article 233 of Constitution of India "Appointment of district judges"

(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Article 233A of Constitution of India "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.

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