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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.".


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