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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 233A
Validation of appointments of, and judgments, etc., delivered by, certain 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 233A / Part VI

Validation of appointments of, and judgments, etc., delivered by, certain district judges

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

Specified earlier district-judge appointments and related acts and judgments are validated despite the constitutional defects described here. This is a targeted historical validation, not a general permission to bypass recruitment rules.

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

PURPOSE & CONTEXT

Why is this provision here?

The subordinate judiciary needs a lawful recruitment, interpretation and transition framework rather than uncertain or informal institutional arrangements.

Historical evidence

Article 233A was introduced in its present subject framework by Amendment 20 (1966), after the original Constitution. The verified sources are the official edition and the linked Amendment Act and Bill statement. Original 1946–1950 Assembly debates predate this insertion and are not presented as its direct drafting reason. The explanation of function above is editorial; the Bill statement supplies the attributed legislative reasons for the later proposal.

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
[233A. 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.]
Source-page notes · may concern neighbouring Articles

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.