Report No. 32

Appendix 21

Statement of Objects and Reasons to the Constitution (Twenty-Third Amendment) Bill, 1966 (Introduced in Lok Sabha on 25th November, 1966)

"Appointments of district judges in Uttar Pradesh and a few other States have been rendered invalid and illegal by a recent judgment of the Supreme Court on the ground that such appointments were not made in accordance with the provisions of Article 233 of the Constitution. In another judgment, the Supreme Court has held that the power of posting of a district judge under Article 233 does not include the power of transfer of such judge from one station to another and the power of transfer of a district judge is vested in the High Court under Article 235 of the Constitution.

As a result of these judgments, a serious situation has arisen, because doubt has been thrown on the validity of the judgments, decrees, orders and sentences passed or made by these district judges and a number of writ petitions and other cases have already been filed challenging their validity. The functioning of the district courts in Uttar Pradesh has practically come to a standstill. It is, therefore, urgently necessary to validate the judgments, decrees, orders and sentences passed or made heretofore by all such district judges in those States and also to validate the appointments, postings, promotions and transfers of such district judges barring those few who were not eligible for appointment under Article 233.

2. The Bill seeks to give effect to the above proposals.

Y.B. Chavan".

New Delhi;

The 20th November, 1966.

Note.- The Bill was introduced on 25th November, 1966 and on receiving assent on 22nd December, 1966 became law as the Constitution (Twentieth Amendment) Act, 1966.