Article 233A of CoI : Article 233A: Validation of appointments of, and judgments, etc., delivered by, certain district judges.

Explanation using Example

Example 1:

Scenario: Mr. Sharma has been serving as a district judge in the state of Maharashtra since 1965. He was appointed to this position without strictly following the provisions of Article 233 or Article 235 of the Constitution of India. In 1967, a litigant challenges Mr. Sharma's appointment, claiming that his judgments should be invalidated because his appointment did not comply with the constitutional provisions.

Application of Article 233A: According to Article 233A, Mr. Sharma's appointment as a district judge, even if it did not follow the exact provisions of Article 233 or Article 235, is still considered valid. Therefore, all judgments, decrees, and orders passed by Mr. Sharma before the commencement of the Constitution (Twentieth Amendment) Act, 1966, are also deemed valid and cannot be challenged on the basis of his appointment process.

Example 2:

Scenario: Ms. Gupta, an advocate with over seven years of experience, was promoted to the position of district judge in the state of Karnataka in 1964. Her promotion did not strictly adhere to the provisions of Article 233 or Article 235. In 1968, a party involved in a case she adjudicated argues that her promotion was invalid and, therefore, her judgment in their case should be nullified.

Application of Article 233A: Under Article 233A, Ms. Gupta's promotion to district judge, even if not in strict compliance with Article 233 or Article 235, is validated. Consequently, her jurisdiction, judgments, decrees, sentences, and orders made before the commencement of the Constitution (Twentieth Amendment) Act, 1966, are considered legal and cannot be invalidated solely on the grounds of the procedural irregularity in her promotion.