20th Amendment Of Indian Constitution

20th amendment of indian constitution

The 20th Amendment Of Indian Constitution, also known as the Constitution Act of 1966, was enacted in 1966. This amendment establishes new jurisdictions that have the jurisdiction to certify the appointments, promotions and transfers of District judges as well as judgments made before the enactment of current law in states that have not complied with the corresponding provisions of Article 233. The bill, proposed by former Home Minister Y.B. CHAVAN, was intended to add a new Article to the Constitution.

What Is The 20th Amendment Of Indian Constitution?

The 20th Amendment Act of 1966 (also known as the Statement of Objects and Reasons) added a new section 233A. This provision upholds the secondment, promotion, transfer, appointment of district judges, and judgments rendered by them prior to the effective date of current law. States not complying with Article 233 of the Constitution.

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The Reason Behind The Amendment

States like Uttar Pradesh, can’t adhere with the constitutional guidelines in choosing courts. Therefore, the Supreme Court ruled that the guidelines set out in Article 233 must be followed. The power to transfer a district judge from one body to another is not included in the placement of district judges under Article 233. Instead, Article 235 of the Constitution gives that power to the High Court.

The legitimacy of the verdicts has already been called into question in numerous literary and other procedures, orders, orders and judgments rendered or rendered by these district judges, Because of these judgments A dangerous situation has occurred. There are virtually no District courts in Uttar Pradesh. Therefore, it is urgent to confirm the appointments, titles, promotions and transfers of each of these District Judges. Excludes persons unfit for appointment under Article 233 and judgments, Writ Petitions, orders and judgments previously made or made in those states.

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Date Enacted

On November 25, 1966, the 20th Amendment, was debated in the Indian Parliament. It was proposed by former Home Minister, Y. B. CHAVAN and was intended to add a new Article to the Constitution.

Important Provisions

This Act contains Confirmation of validation of Appointment and Judgment of Certain District Judges, and similar other rules, as given below :

  1. A person who is already in the judicial service of a state or who has been an attorney or petitioner for at least 7 years cannot be appointed as a district judge in that state.
  2. Prior to the enactment of Constitution No. of 1966 (Twentieth Amendment), posting, promotion, or transfer of persons as District Judges is prohibited except in accordance with the provisions of Sections 233 or 235.
  3. No judgment, ruling, judgment or order was made or issued by or prior to the coming into force of the Constitution of 1966 (20th Amendment) Act by or before the appointee; or any other act or procedure may be performed or taken. If appointed, promoted, or transferred as a district judge under the provisions of section 223 or section 235, only on the fact that the appointment is illegal or void, or has become illegal or void, Promotions or assignments carried out in accordance with the rules mentioned shall not apply.

Prominent People Involved

This bill was presented by the former Home minister, Y.B. Chavan in parliament. Bill was approved by then-President Zakir Hussein and entered into force on the same day.

Ratification

The abbreviation “23” was changed to “20th” and a new Section 233A was proposed. This was the only formal legislative change before it was reviewed and approved by the House of Representatives on December 3, 1966. Rajya Sabha debated and approved the law on December 9, 1966. On December 22, 1966, the measure was approved by then-president Zakir Hussain and entered into force on that date. On December 23, 1966, the Indian Gazette published an announcement about it.

Conclusion

The Constitution (20th Amendment) Act 1966, added a new Section 233A. It ratifies, among other things, the appointment, secondment, promotion, and transfer of district judges to the effective date of existing laws enacted in states, that do not comply with the provisions of Article 233 or Article 235 of the Constitution.

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