What is the method of Appointment of district judges? What is Validation of appointments of, and judgments, etc., delivered by, certain district judges.- Notwithstanding any judgment, decree or order of any court? Article 233 and 233A of Constitution of India, 1949
Appointment of district judges and Validation of appointments of, and judgments, etc., delivered by, certain district judges.- Notwithstanding any judgment, decree or order of any court are defined under Article 233 and 233A of Constitution of India 1949. Provisions under this Article are:
Article 233 of Constitution of India "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.
Article 233A of Constitution of India "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.