Article 233 and Article 233A of the Constitution of India: Appointment of District Judges
Articles 233 and 233A form part of Chapter VI of Part VI of the Constitution, dealing with subordinate courts. Article 233 governs appointment, posting and promotion of district judges. Article 233A is a validating provision concerning specified appointments, postings, promotions, transfers and judicial acts made before the Constitution (Twentieth Amendment) Act, 1966.
Article 233 - 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.
Meaning and requirements of Article 233
Article 233 establishes the constitutional method for appointments to the cadre of district judges. For appointment, posting and promotion of district judges in a State, the Governor acts in consultation with the High Court having jurisdiction over that State.
For a candidate who is not already in the service of the Union or a State, clause (2) specifies two express constitutional conditions: the person must have been an advocate or pleader for at least seven years, and the High Court must recommend the person for appointment.
Article 233A - Validation of certain appointments and judgments
Article 233A was inserted by section 2 of the Constitution (Twentieth Amendment) Act, 1966. It begins with a non-obstante clause overriding any judgment, decree or order of a court for the limited validating purpose stated in the Article.
(a) It protects specified appointments of persons to be district judges, and specified postings, promotions or transfers as district judges, made before commencement of the Constitution (Twentieth Amendment) Act, 1966, from being treated as illegal or void merely because they were not made in accordance with Article 233 or Article 235.
(b) It similarly protects jurisdiction exercised, judgments, decrees, sentences or orders passed or made, and other acts or proceedings done or taken before that commencement by or before such district judges, from invalidity merely on that ground.
Meaning and scope of Article 233A
The provision is historical and curative in character. Its text is directed to the validity of the specified pre-1966 appointments and service actions, and to judicial or other acts connected with persons whose appointment, posting, promotion or transfer did not comply with Article 233 or Article 235.
The words "by reason only" are important to the scope of the validation: Article 233A addresses invalidity arising merely from the stated non-compliance with Articles 233 or 235. It does not, by its terms, convert every otherwise unlawful act into a valid one.
Official resources
For the authoritative constitutional text and amendment history, see the Constitution of India on India Code and the Constitution (Twentieth Amendment) Act, 1966 published by the Legislative Department, Ministry of Law and Justice.