The Constitution of India
Sub-clause (a) omitted by the Constitution (Ninety-ninth Amendment) Act, 2014, s.10 (w.e.f.13.4.2015). This
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Official sourceamendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme
Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117. Before
Amendment Sub-clause (a) was as under:-
“(a) the reference in article 217 to the Governor of the State shall be construed as to the reference to the Governors of
all the State’s in relation to which the High Court exercises jurisdiction.”.
115 THE CONSTITUTION OF INDIA
(Part VI. — The States)
(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.
1
[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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The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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