Admin Team
03 Mar

Article 233 – Appointment of District Judges:

The Governor of a State is responsible for the appointment, posting, and promotion of district judges, but this must be done in consultation with the High Court exercising jurisdiction in the State. A person who is not already in the judicial service can only be appointed as a district judge if they have been an advocate or pleader for at least seven years and are recommended by the High Court for the position.

Article 233A – Validation of appointments and judgments of certain district judges:

This article was inserted to validate appointments, postings, promotions, or transfers of district judges made before the commencement of the Constitution (Twentieth Amendment) Act, 1966, even if they were not fully in accordance with Articles 233 or 235. Specifically:

  • Any appointment of a person already in the judicial service, or someone with 7+ years as an advocate or pleader, shall not be deemed illegal or void solely because it did not follow Articles 233/235.
  • Any posting, promotion, or transfer of such persons made before the amendment is validated.
  • Likewise, any jurisdiction exercised, judgment, decree, sentence, or order passed, or other acts done by such district judges before the amendment are deemed valid and cannot be challenged merely on the ground that the appointments or postings did not follow Articles 233 or 235.
Comments
* The email will not be published on the website.