THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

Statement of Objects and Reasons appended to the Constitution
(Twenty-third Amendment) Bill, 1966 which was enacted as the
THE CONSTITUTION (Twentieth Amendment) Act, 1966

STATEMENT OF OBJECTS AND REASONS

Appointment of district judges in Uttar Pradesh and a few other States
have been rendered invalid and illegal by a recent judgment of the
Supreme Court on the ground that such appointments were not made in
accordance with the provisions of article 233 of the Constitution. In
another judgment, the Supreme Court had held that the power of posting
of a district judge under article 233 does not include the power of
transfer of such judge from one station to another and that the power
of transfer of a district judge is vested in the High Court under
article 235 of the Constitution. As a result of these judgments, a
serious situation has arisen because doubt has been thrown on the
validity of the judgments, decrees, orders and sentences passed or
made by these district judges and a number of writ petitions and other
cases have already been filed challenging their validity. The
functioning of the district courts in Uttar Pradesh has practically
come to a standstill. It is, therefore, urgently necessary to
validate the judgments, decrees, orders and sentences passed or made
heretofore by all such district judges in those States and also to
validate the appointment, posting, promotion and transfer of such
district judges barring those few who were not eligible for
appointment under article 233.

2. The Bill seeks to give effect to the above proposals.

NEW DELHI; Y. B. CHAVAN.

The 20th November, 1966.

THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966

[22nd December, 1966.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Seventeenth Year of the Republic of
India as follows:-

1. Short title.- This Act may be called the Constitution (Twentieth
Amendment) Act, 1966.

2. Insertion of new article 233A.- After article 233 of the
Constitution, the following article shall be inserted, namely:-

"233A. Validation of appointments of and judments, etc., delivered
by, certain district judes.-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 223 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.".