📜 Article 236 of the Indian Constitution
Title: Interpretation
🔍 Purpose:
Article 236 provides definitions and clarifications for terms used in Articles 233 to 235, which deal with the subordinate judiciary in the states.
🔹 Text Summary of Article 236:
For the purposes of Articles 233 to 235:
(a) The expression “district judge” includes:
Judge of a city civil court,
Additional district judge,
Assistant district judge,
Chief judge of a small cause court,
Chief presidency magistrate,
Additional chief presidency magistrate,
Sessions judge, Additional sessions judge,
Assistant sessions judge.
(b) The expression “judicial service” means:
A service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts below the rank of district judge.
🧠 Key Takeaways:
| 🔑 Term | 📘 Meaning as per Article 236 |
|---|---|
| District Judge | Includes a variety of senior judges at the district level and below, not just the person titled “District Judge” |
| Judicial Service | Means those officers appointed to civil judicial posts under the High Court, not including executive magistrates |
📌 Why Article 236 is Important:
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It clarifies scope of judiciary-related Articles (233–235).
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Prevents ambiguity about who is a "district judge" or member of the "judicial service".
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Helps in recruitment, promotion, and administrative decisions regarding subordinate judges.
🔁 Related Articles:
| Article | Deals With |
|---|---|
| 233 | Appointment of District Judges |
| 234 | Recruitment of lower judicial officers |
| 235 | High Court's control over subordinate courts |
| 236 | Definitions of “District Judge” and “Judicial Service” |
Here’s a detailed 📊 Definition Chart of Judicial Posts as per Article 236(a) of the Indian Constitution, along with roles and responsibilities — to help understand who falls under the definition of a "District Judge":
🏛️ Article 236(a) – Definition of “District Judge”
| 🔢 Sl. No. | 👨⚖️ Judicial Post | 📝 Role/Responsibility |
|---|---|---|
| 1️⃣ | District Judge | Head of civil and criminal judiciary at the district level; also functions as Sessions Judge. |
| 2️⃣ | Additional District Judge (ADJ) | Assists the District Judge; hears civil and criminal appeals or trials as assigned. |
| 3️⃣ | Assistant District Judge | Junior to ADJ; handles civil matters and assists in case backlog. |
| 4️⃣ | Judge of a City Civil Court | Handles civil cases in large cities (e.g., Mumbai, Kolkata); equivalent to DJ in status. |
| 5️⃣ | Chief Judge of a Small Cause Court | Deals with petty civil disputes like rent or recovery of money (below monetary threshold). |
| 6️⃣ | Chief Presidency Magistrate | Head of the magistracy in old Presidency towns (e.g., Mumbai, Chennai – colonial legacy). |
| 7️⃣ | Additional Chief Presidency Magistrate | Assists the Chief Presidency Magistrate; also handles criminal trials. |
| 8️⃣ | Sessions Judge | Tries serious criminal cases like murder, rape, dacoity under Sessions Court powers. |
| 9️⃣ | Additional Sessions Judge | Works alongside Sessions Judge; handles heavy case load in criminal matters. |
| 🔟 | Assistant Sessions Judge | Handles less serious criminal trials within Session Court jurisdiction. |
📌 Key Notes:
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All these posts are considered “District Judges” under Article 236 for the purpose of appointment and control under Articles 233 to 235.
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Article 236 broadens the meaning of “District Judge” to include civil and criminal judges at the senior-most level below the High Court.
🧠 Why this matters:
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Ensures uniformity in service rules and appointments.
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Helps High Courts in applying disciplinary control under Article 235.
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Establishes a clear hierarchy in subordinate courts.
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