Report No. 32
24. Article 233A.-
Article 223A, which was introduced as a result of the decisions in Chandra Mohan v. State of Uttar Pradesh,1 and State of Assam v. Ranga Muhammad2, by the Constitution (Twentieth Amendment) Act, 19663, seeks to validate appointments, postings and transfers of certain, persons as district judges made in the past.
Article 233A runs as follows:-
"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. See the Statement of Objects and Reasons to the Constitution (Twenty-third Amendment) Bill, 1966 (Lok Sabha Bill 89 of 1966).
2. See paras. 6 to 21, supra.
3. The Constitution (Twenty-third Amendment) Bill, 1966 was introduced in the Lok Sabha on 25th November, 1966 and became law on receiving the President's assent on 22nd December, 1966.
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