Actual Article
Article 236: Interpretation
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.
UPSC Notes for Article 236
Explanation:
- Definitions: Article 236 provides specific definitions for terms used in this chapter of the Constitution.
- District Judge: This term is broadly defined to include various judicial positions such as judges of city civil courts, additional district judges, joint district judges, assistant district judges, chief judges of small cause courts, chief presidency magistrates, additional chief presidency magistrates, sessions judges, additional sessions judges, and assistant sessions judges. This inclusive definition ensures that all relevant judicial positions are covered under the provisions related to district judges.
- Judicial Service: This term refers to a service exclusively comprising individuals intended to fill the post of district judge and other civil judicial positions subordinate to the district judge. It clarifies the scope of judicial service as including all roles that support the judicial function below the rank of district judge.
Key Points:
- Comprehensive Coverage: The broad definition of “district judge” ensures that all relevant judicial roles are included in the administrative and procedural frameworks governing the judiciary.
- Clarification of Judicial Service: By defining “judicial service,” the article delineates the structure of the judicial hierarchy, emphasizing the roles intended to support the higher judiciary.
Important Cases and Commissions Related to Article 236
Cases:
- No specific landmark cases directly interpreting Article 236, as this article primarily provides definitions for terms used in the chapter.
Commissions:
- Law Commission of India: May have discussed the implications of the definitions provided in Article 236 in the context of judicial reforms and the structuring of the judiciary.
Important Reports Related to Article 236:
- Administrative Reforms Commission: Could have explored the practical implications of the broad definitions of judicial roles for judicial administration and suggested measures to optimize the functioning of the judiciary.
Previous Year Prelims Questions Related to Article 236
- (UPSC Prelims 2016) Which positions are included in the term “district judge” as per Article 236?
- A. Only the district judge
- B. Judges of city civil courts and sessions judges
- C. Chief presidency magistrates and additional sessions judges
- D. Both B and C Correct Answer: D. Both B and C
- (UPSC Prelims 2018) What does the term “judicial service” mean according to Article 236?
- A. Only the service of district judges
- B. 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
- C. Service of High Court judges
- D. Service of Supreme Court judges Correct Answer: B. 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
Previous Year Mains Questions Related to Article 236
- Mains 2016: “Discuss the significance of the definitions provided in Article 236 for the administration of the judiciary.”
- Mains 2019: “Evaluate the impact of the broad definition of ‘district judge’ in Article 236 on the judicial administration and hierarchy in India.”
Additional Insights:
- Ensuring Clarity and Consistency: Article 236 ensures clarity and consistency in the interpretation of terms related to judicial positions and services, which is crucial for the effective administration of justice.
- Judicial Hierarchy: By defining the scope of “judicial service,” the article highlights the structured hierarchy within the judiciary, ensuring that all relevant roles are recognized and appropriately administered.
Understanding Article 236 is crucial for UPSC aspirants as it provides the foundational definitions necessary for interpreting the provisions related to judicial administration. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the judicial framework and its hierarchical structure.