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Article 236

Interpretation of Terms in Subordinate Courts Chapter

Official heading: “Interpretation.”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 236, printed page 110
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1. In One Sentence

Article 236 provides the constitutional definitions of "district judge" and "judicial service" for the purposes of Chapter VI.

2. What It Means in Everyday Language

Article 236 supplies the definitive legal glossary for Chapter VI of Part VI, ensuring uniform interpretation across India's subordinate courts.

Definition of "District Judge": Sub-clause (a) defines "district judge" broadly to include: judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge.

Definition of "Judicial Service": Sub-clause (b) defines "judicial service" as a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

Exclusion of Executive Officers: In Chandra Mohan (1966), the Supreme Court emphasized that judicial service consists exclusively of persons occupying judicial posts, barring executive magistrates and police officers from being treated as part of the judicial service under Chapter VI.

3. Practical Illustrative Example

Everyday Scenario:

An Additional Sessions Judge presides over a major criminal trial.

Core takeaway: Under Article 236(a), the judge is constitutionally included within the definition of "district judge" for all constitutional protections and appointment frameworks under Chapter VI.
Illustrative Notice: Executive magistrates who handle administrative law and order do not belong to the "judicial service" under sub-clause (b).

4. Important Limits, Qualifications & Exceptions

Article 236 establishes the technical constitutional boundaries of the judicial branch in the States.

  • Exhaustive inclusion of civil and criminal district-level judges in sub-clause (a).
  • Exclusivity test in sub-clause (b): Judicial service is reserved for independent judicial officers.
  • Bars executive encroachment into judicial cadres.

5. Operative Constitutional Text

In this Chapter— (a) the expression “district judge” includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and 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 inferior to the post of district judge.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 236, printed page 110 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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