What is the Difference Between Judge and Magistrate?
Magistrates and judges appear to be the same in the judiciary, but this is not the case. There are differences, particularly in terms of their ability. The President of India appoints judges, whereas the High Courts appoint magistrates. A Magistrate has less powers than a Judge. The distinction between Magistrate and Judge in India provided here can help UPSC aspirants in a better manner to understand the fundamentals and understand their comparisons.
Who is a Judge?
The word "judge" is derived from the Anglo-French word "juger," which means “to shape an opinion on” and another Latin word ‘Judicare’ which means 'to judge, to test, to form an opinion on, and to pronounce judgement.' A judge is a judicial person who supervises court proceedings and has the authority to hear and rule on legal cases after carefully considering all relevant facts, testimony, and details. A judge's authority, appointment, and responsibilities vary by jurisdiction.
A judge can make decisions alone or with the assistance of a panel of judges. He functions as a mediator between the two sides, rendering a decision in court based on the prosecution and defence attorneys' testimony, facts, and evidence. The Supreme Court judges are appointed by India's president. After consultation with the Chief Justice of India and the Governor of the relevant state, he chooses High Court judges.
What is a Magistrate?
The term "magistrate" is derived from the old French word "magistrat," which means "civil servants in charge of enforcing laws" and "a magistrate, public machinery." Warren Hastings created the role of District Magistrate in 1772. A magistrate is a civil or minor judicial authority who is responsible for enforcing the law in a particular area, such as a town or district. He handles court proceedings in the same manner as a magistrate judge, although he lacks the same authority.
A magistrate's law enforcement abilities are limited in comparison to those of a judge. The District Magistrate or District Collector is without a doubt the Chief Executive, Administrative, and Revenue Officer. He is in charge of coordinating the many government organizations in the district.
There are Several Types of Magistrates as Given Below:
Judicial Magistrate: The Session Judge supervises him or her, and he or she reports to the Chief Judicial Magistrate.
Chief Judicial Magistrate: The high court appoints a first-class judicial magistrate as the chief judicial magistrate in each district. He or she is responsible for reporting to the session judge.
Metropolitan Magistrate: A Metropolitan Magistrate is a magistrate assigned to cities with populations over one million residents. They report to the session judge and are accountable to the chief metropolitan magistrate.
Executive Magistrate: They are named in the district at the discretion of the state government. Two of the executive magistrates are designated as district magistrates and additional district magistrates.
Difference Between the Judicial Magistrate and Executive Magistrate
Executive Magistrate is a part of the State's Executive system, while Judicial Magistrate meaning refers to a part of the State's Judicial system. Although there are many differences between them, there is a fine line that may be drawn, and that is that only a Judicial Magistrate can take evidence in a legal case. In Uttar Pradesh, there are Judicial Magistrate 1st class, Judicial Magistrate 2nd class, and one of the 1st class Judicial Magistrates is to be Chief Judicial Magistrate. Executive magistrates are known as Sub Divisional Magistrate, Additional District Magistrate, District Magistrate, and so on.
What Is the Difference Between a Judge and a Magistrate?
The difference between Judge and Magistrate in India is explained here in detail.
Point of comparison: Magistrate vs Judge
Finally, while a judge's tasks are uniformed, the magistrate's role differs slightly depending on the region. The magistrate is assigned to settle lesser or larger state-level problems in the state's individual courts in order to simplify the case that enters the high court. Magistrate hears cases involving murder, fraud, divorce, family disputes, land disputes, and other issues. The magistrates perform their duties competently and effectively. The time it takes for an appeal to be heard varies. Both the judge and the magistrate are important law enforcers who work together to make the country stable, ethical, and fair.
FAQs on Difference Between Judge and Magistrate
1. Who is a magistrate?
Magistrates are community volunteers who judge cases in local courts. They have the authority to hear matters in criminal court, family court, or both. A legal adviser in the court provides legal advice and ensures that the magistrates follow the proper procedures.
2. What is the difference between a judge and a magistrate?
A judge is a government official who makes legal decisions based on the evidence presented in a court of law. The magistrate, on the other hand, is a high court judge who appoints a regional judicial officer. The case may be submitted to the high court if one or more parties disagree with the decision. The decision of the high court judge is final and cannot be overturned. The magistrate's jurisdiction is limited to the regional, state, and local levels, whereas the judge's power of attribution of legal practises for justice seekers is national. The maximum penalty imposed by the regional magistrate is seven years in prison.
3. How is a Judge and a Magistrate appointed?
Judges of the High Court, Supreme Court and the Chief Justice of India are appointed by the President. However, Magistrates are appointed by High Courts.
