Part VI - The States • Article

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

Article 233A was inserted by the 20th Constitutional Amendment in 1966 to validate the appointments, promotions, transfers, and judgments of certain district judges. This was done after courts declared several appointments void because the state executives had bypassed proper consultation with the High Court.

Official Text

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.]

Simple Meaning

Explain Like Ten

In the 1960s, some district judges were appointed without following the exact consultation rules with the High Court. To prevent a massive mess where all their past court judgments would be declared illegal, the government added this rule to validate all their appointments and past decisions.

Student Mode

Article 233A was inserted by the 20th Amendment in 1966. It validated the appointments, transfers, promotions, and judgments of certain district judges that had been declared invalid by the Supreme Court due to procedural non-compliance with Articles 233 and 235. This saved thousands of judicial decrees from being nullified.

Example

In the 1960s, the Supreme Court declared the appointment of several district judges in UP invalid because the state government didn't properly consult the High Court. To prevent a crisis where all judgments delivered by these judges would be declared void, Parliament passed Article 233A to retroactively validate their postings and decisions.

Key Takeaway

Article 233A was a saving clause that retroactively validated past district judge appointments and judgments that faced technical challenges due to procedural lapses in state executive consultation.

FAQs

Why was Article 233A introduced?

It was introduced in 1966 to validate district judge appointments and their judgments after the Supreme Court struck down UP government appointments for violating Article 233.

Which amendment inserted Article 233A?

The 20th Constitutional Amendment Act, 1966.

What would have happened without Article 233A?

All judgments, sentences, and orders passed by those technically invalid judges would have been void, creating administrative and legal chaos.

Quiz

Which amendment inserted Article 233A into the Constitution?

Answer: 20th Amendment

Article 233A validated appointments and judgments made before the amendment that did not comply with:

Answer: Article 233 or 235