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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 233
Appointment of district judges

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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 233 / Part VI

Appointment of district judges

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

District judges are appointed, posted and promoted by the Governor in consultation with the High Court under the stated qualifications. This separates district-judicial recruitment from ordinary political appointment.

State Governors, ministers, legislatures, High Courts and the subordinate judiciary.

PURPOSE & CONTEXT

Why is this provision here?

Judicial recruitment needs consultation and eligibility safeguards rather than ordinary unconstrained executive appointment.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
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.
Source-page notes · may concern neighbouring Articles

1. Sub-clause (a) was omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 10 (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order the 16-10-2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported AIR 2016 SC 117. Before amendment, "(a) the reference in article 217 to the Governor of the State shall be construed as reference to the Governors of all the States in relation to which the High Court exercises jurisdiction".

1. Ins. by the Constitution (Twentieth Amendment) Act, 1966, s. 2 (w.e.f. 22-12-1966).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.