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THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966
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TWENTY-THIRD AMENDMENT
Statement of Objects and Reasons appended to the Constitution (Twenty-third Amendment) Bill, 1966 which was enacted as the CONSTITUTION (Twentieth Amendment) Act, 1966
STATEMENTS 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 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.
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NEW DELHI; T.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:-
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"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.".
FAQ
What is the Constitution (Twentieth Amendment) Act 1966?
New Delhi; YB Chavan. November 20, 1966. [22 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.-
When was the Constitution (Twenty-third Amendment) Act introduced in the Lok Sabha?
The Constitution (Twenty-third Amendment) Act, 1966 was introduced in the Lok Sabha on 25 November 1966 as the Constitution (Twenty-third Amendment) Bill, 1966 (Bill No. 89 of 1966). It was introduced by the then Home Minister Yashwantrao Chavan and demanded the insertion of a new Article 233A in the Constitution.
When was the Constitution (Twenty-third Amendment) Bill passed?
Y.B. Chavan, "The Constitution (Twenty-third Amendment) Bill, 1966". The Bill was debated and passed by the Lok Sabha on 3 December 1966, with the only formal amendment being to replace the word "twenty-third" with "twentieth" in the short title as well as the proposed new Article 233A.
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