Constitution 233 — Appointment of district judges

The Constitution of India, 1950

Statutory text

(1) Appointments of persons to
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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.
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.

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