REGISTERED No. D. zi रजिस्ट्री सं ० डी० 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड-2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 64 ] नई दिल्ली , शुक्रवार , दिसम्बर 25 , 1966 / अग्रह । यन 4 , 1888 No. 64 ) NEW DELHI , FRIDAY , DECEMBER 25 , 1966 / Agrahayana 4 , 1888
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
LOK SAВНА
The following Bill was introduced in Lok Sabha on the 25th November , 1966 : -
BILL NO . 89 OF 1966 .
A bill further to amend the Constitution of India .
Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: -
title.
1. This Act may be called the Constitution ( Twentieth Amend- Short ment ) Act , 1966 .
(1281) 1282
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11
2. After article 233 of the Constitution , the following article shall be inserted , namely: -
Insertion of new article 233A,
" 233A . Notwithstanding any judgment , decree or order of any court ,-
(a) ( i) no appointment of any person already in the 5 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 , 10 Validation ofappoint- ments of, and judgments , etc., delivered by , certain district Judges .
15 made at any time before the commencement of the Constitution (Twenty - third Amendment) Act , 1966 , otherwise than in accord- ance 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 ;
20
25 (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 ( Twenty - third 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 ." .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
1283
STATEMENT OF OBJECTS AND REASONS
Appointments 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 has 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 Pra- desh 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 trans- fer 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 .
Y. B. CHAVAN.
NEW DELHI ;
The 20th November , 1966 .
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,