Articles 236 and 237 of the Constitution of India: Judicial Service and Magistrates

Articles 236 and 237 form part of Chapter VI of Part VI of the Constitution of India, which deals with subordinate courts. Article 236 defines the expressions "district judge" and "judicial service" for the purposes of this Chapter, while Article 237 enables the Governor, by public notification, to apply the provisions of the Chapter to specified classes of magistrates, subject to stated exceptions and modifications.

Articles 236 and 237 at a Glance

Article 236: Provides constitutional definitions of "district judge" and "judicial service" for Chapter VI of Part VI.

Article 237: Authorises the Governor to extend the provisions concerning subordinate courts and related rules to a class or classes of magistrates in the State by public notification.

Article 236 - Interpretation

Article 236 is the interpretation provision for Chapter VI of Part VI of the Constitution. It gives specific constitutional meanings to the expressions "district judge" and "judicial service" when those expressions are used in this Chapter.

Article 236 of the Constitution of India

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.

Meaning of "District Judge" under Article 236(a)

For the purposes of Chapter VI, the expression "district judge" is broader than the designation of a single judicial post. Article 236(a) expressly includes several specified judicial offices within the expression.

Posts included in the constitutional definition

  • 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.

This definition is important when reading the constitutional provisions relating to appointment, recruitment and control of the subordinate judiciary in Articles 233 to 235.

Meaning of "Judicial Service" under Article 236(b)

Article 236(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.

Why the definition matters

The definition identifies the service contemplated by the subordinate judiciary provisions of Chapter VI. It should therefore be read together with Articles 233, 234 and 235, which deal respectively with appointment of district judges, recruitment of persons other than district judges to the judicial service, and High Court control over subordinate courts.

Article 237 - Application of Chapter VI to Certain Magistrates

Article 237 provides a constitutional mechanism by which the provisions of Chapter VI and rules made under it may be applied to a specified class or specified classes of magistrates in a State.

Article 237 of the Constitution of India

237. Application of the provisions of this Chapter to certain class or classes of magistrates.- The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

Essential elements of Article 237

  • The constitutional power is conferred on the Governor.
  • The power is exercised by a public notification.
  • The notification may relate to any class or classes of magistrates in the State.
  • The Governor may specify the date from which the provisions apply.
  • The provisions are applied in the manner in which they apply to persons appointed to the judicial service of the State.
  • The notification may prescribe exceptions and modifications.

Relationship between Articles 236 and 237

Articles 236 and 237 conclude Chapter VI of Part VI. Article 236 supplies definitions used in understanding the constitutional scheme of the subordinate judiciary, while Article 237 provides for the extension of the preceding provisions of the Chapter to specified classes of magistrates through a gubernatorial notification.

These provisions are therefore best read together with Articles 233 and 233A concerning district judges and Articles 234 and 235 concerning judicial service and control over subordinate courts.

Official Constitutional Resources

For the authoritative and updated text of the Constitution, readers may consult the official Government of India resources:

Legal Note

This page explains the constitutional text for general informational purposes. The application of a constitutional provision in a particular case may depend on applicable notifications, service rules and binding judicial decisions.