Part VI: Subordinate Courts

Chapter VI: Subordinate Courts

Article 236: Interpretation

--- Original Article ---

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.

Explanations

Article 236 of the Indian Constitution is a crucial interpretive provision within the chapter dealing with subordinate courts. It provides clear definitions for terms related to the judiciary to ensure consistency in understanding and application across various state judicial systems. The article specifically interprets the terms "district judge" and "judicial service," providing a foundation for structuring judicial appointments and defining judicial roles within the state.

Clause-by-Clause Explanation

Clause (a): Definition of "District Judge"

Clause (a) broadens the term "district judge" beyond its conventional scope. It includes:

• Judges of city civil courts
• Additional district judges
• Joint district judges
• Assistant district judges
• Chief judges of small cause courts
• Chief presidency magistrates and additional chief presidency magistrates
• Sessions judges, along with additional and assistant sessions judges

This inclusive definition ensures consistency in judicial roles and responsibilities across various states.

Clause (b): Definition of "Judicial Service"

This clause defines “judicial service” as a service exclusively comprising positions for district judges and other civil judicial roles below the rank of district judge. It establishes a structured pathway for judicial appointments within the state judiciary.

Legislative Background

Initially drafted as Article 209D, Article 236 underwent rigorous debates in the Constituent Assembly on September 16, 1949. It was adopted to ensure uniformity in interpreting judicial roles and responsibilities across the Indian judiciary.

Debates and Amendments

The Constituent Assembly debated the significance of defining judicial roles. Dr. B. R. Ambedkar emphasized the need for clarity to streamline judicial administration and prevent misinterpretation.

While some members proposed amendments to localize judicial roles, these were rejected to ensure consistency across states.