November 30, 2023
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A constitutional entity that defends citizens’ rights is the judiciary. This is the last authority on legal issues and constitutional provisions. It is crucial for passing legislation and deciding cases involving disagreements between individuals, states, and other stakeholders. Courts uphold the nation’s law and order in order to safeguard citizens’ rights.

A judge evaluates all of the evidence presented in a case by the two opposing parties. They consider the facts and make important decisions regarding the case’s path and resolution. A magistrate, on the other hand, with less judicial authority than a judge. They could be in charge of a town or a district. They can only become involved in particular matters that are within their purview.

The Supreme Court, and High Court, along with other lower courts are led by judges. As per Judge vs Magistrate in India, the Judges have comparatively fewer powers than magistrates; they are not on an equal footing.

Judge: About

A judge is a member of the judiciary who presides over court proceedings and renders decisions in legal matters.

They are selected by the Indian President and have authority over magistrates. A judge may have the following duties and roles:

  • In the Supreme Court, the judge conducts hearings for cases.
  • In a court case, a judge may render the final decision alone or with assistance from a panel of judges.
  • A judge possesses the authority to enforce the death penalty on somebody.

Magistrate: About

A magistrate is a minor court officer in the Indian legal system who oversees the administration of justice in a specific area, town, or district. Here are further details regarding duties performed by magistrates:

  • They are able to make decisions on multiple instances in just one working day.
  • They are also in charge of adjournment gear applications.
  • Magistrates decide the sentence when a defendant submits a guilty plea; if they can’t agree, they decide the defendant’s guilt.
  • A magistrate can only be appointed by the state administration and the high court.

Key Differences: Judge vs Magistrate

The differences between judge vs magistrate in India are as follows:

A judge is a judicial authority who presides over court sessions. After reviewing the relevant facts and evidence, he renders his decision.The high court judges choose a magistrate to uphold law and order. A magistrate oversees minor cases in a specific area.
Only judges can be appointed by the Governor and the President of India.The state government and the Supreme Court appoint magistrates.
Depending on how terrible the offense was, a judge may sentence someone to life in prison or the death penalty.A judicial magistrate lacks the authority to impose a death or life sentence.
The judge is required to exercise advocacy in court and hold a law degree.Not every nation need a law degree in order to become a magistrate.
A judge has nationwide authority over matters.The magistrate has state level authority over matters.
A judge deals with challenging cases.The magistrate deals with minor cases.
Anywhere in the world, a judge’s job description will be the same.In different places of the world, a magistrate’s job description could be varied.

Judge & Magistrate Similarities

The nation’s judicial system is crucial to upholding the law and mediating conflicts between individuals, states, and other stakeholders. Therefore, the judge and magistrate similarities are:

  • The judges and magistrates are the tools used to uphold the law and settle disputes.
  • Judges and magistrates have equal authority when it comes to considering objections, hearing cases, and rendering decisions.

Judge vs Magistrate: Who Has Greater Power?

  • According to Section 15 of the Criminal Procedure Code, the sessions judge will be the chief judicial magistrate’s superior and all other judicial magistrates will be subordinate to them, subject to the sessions judge’s regulations. Occasionally, the chief judicial magistrate will establish guidelines or give directives on the matters that the judicial magistrate is responsible for handling.
  • According to Section 14 of the Criminal Procedure Code, the Chief Judicial Magistrate’s designated boundaries or the entire district fall under the jurisdiction of the Judicial Magistrate.

Although a judge’s duties are the same everywhere, a magistrate’s function varies somewhat according to the area.

In order to streamline the case that is heard by the highest court, the magistrate is tasked with resolving smaller or more significant state-level disputes in the state’s several courts. The magistrates hear cases including murders, frauds, divorces, family strife, property disputes, and other issues. The magistrates are capable and efficient in their work. The hearing period for an appeal varies in duration.

Together, the magistrate and the judge play a crucial role in maintaining the safety, justice, and compassion of the nation.

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