What is Article 236 of Indian constitution

www.hinsoli.com July 05, 2025

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:

It clarifies scope of judiciary-related Articles (233–235).
Prevents ambiguity about who is a "district judge" or member of the "judicial service".
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:

All these posts are considered “District Judges” under Article 236 for the purpose of appointment and control under Articles 233 to 235.
Article 236 broadens the meaning of “District Judge” to include civil and criminal judges at the senior-most level below the High Court.