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Article 233-A - Validation of appointments of, and judgments, etc., delivered by, certain district judges

Description

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.

[Editorial comment-The Constitution (Twentieth Amendment) Act, 1966, inserted a new Article 233A, among other things such as validating the appointments, postings, promotions, and transfer of District judges. This amendment establishes new jurisdictions that have the power to certify the appointments, promotions and transfers of District judges and judgments made before the enactment of current law in States that have not complied with the corresponding provisions of Article 233 of the Indian Constitution. The amendment act is primarily concerned with the appointment, secondment, promotion, and transfer of district judges to the effective date of existing laws enacted in states that do not comply with the provisions of Article 233 or Article 235 of the Constitution. Also refer ]

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