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Home / IAS Preparation / Judge vs Magistrate

Magistrate And Judge - Differences, Duties And Their Limitations

Last Updated on Aug 07, 2024
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In the complex realm of the legal system, understanding the fundamental difference between judge and magistrate is essential. These two pivotal positions may appear similar at first glance. A closer examination reveals unique functions, authority, and jurisdictions that set them apart. A Magistrate is a civil or minor judicial figure who is in charge of upholding the law. A Judge is a legal representative with the power to hear cases. He renders judgments after carefully weighing all pertinent evidence and manages court procedures. 

Difference Between Judge and Magistrate

This topic of difference between judge and magistrate is important from the perspective of the UPSC IAS Examination. This falls under General Studies Paper 1 ( preliminary) and General Studies Paper 2 (mains), particularly in the Indian Polity Section.

This article on the difference between judge and magistrate will discuss the differences between them in detail.

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Difference Between Judge and Magistrate 

The difference between Judge and Magistrate is elaborated in the table below for better understanding.

Magistrate

Judge

A Civil or Minor Judge who is in charge of maintaining the law is known as a Magistrate.

A Judge is a judicial official who conducts court hearings and renders decisions in legal cases after reviewing the relevant facts and supporting evidence.

A Magistrate lacks the authority that a Judge does.

A Judge has more authority than a Magistrate.

It’s possible for a Magistrate to lack a legal degree.

He or she is always a law-degree official.

Unlike a Judge, he or she has a narrower scope of authority.

He or she has a wide range of authority.

Magistrate is the translation of the term “magistrat” in English.

Judge is the translation of the French word “juger” into English.

In India, a Magistrate may have a specific job description.

The work description for a Judge is the same worldwide.

He or she is chosen jointly by the state and High Courts.

The Indian President, High Court, and Governor of State, with the consultation of the HC, appoints various Judges.

He lacks the authority to condemn someone to life in prison or to death.

A Judge has the authority to impose a death or life sentence.

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Who is a Magistrate?

The term "Magistrate" originates from the old French word "Magistrate," which refers to civil officers responsible for administering laws and public machinery. A Magistrate listens to arguments in civil or criminal cases and delivers a judgement. The District Collector or Magistrate is the key figure in being the Chief Executive, Administrative, and Revenue Officer. They establish vital coordination among various government organizations functioning within the jurisdiction.

Various Types of Magistrate in India

There are various types of Magistrates in India, including:

  • Judicial Magistrate – He or she is governed by the Session Judge and subordinate to the Chief Judicial Magistrate.
  • Chief Judicial Magistrate – A first-class judicial Magistrate is appointed by the high court to serve as the chief judicial Magistrate in each district. He or she is a session Judge’s subordinate.
  • Metropolitan Magistrate – This term refers to the Magistrate appointed for municipalities with a population of more than a million. Their superior is the chief metropolitan Magistrate, who they report to.
  • Executive Magistrate – The state government can appoint them in the district. As a district Magistrate and an additional district Magistrate, two of the executive Magistrates are appointed.

Limitations of the Magistrates

  • A Magistrate will not have the power to award a death sentence or condemn them to life in prison.
  • The authority of a Magistrate is narrower than that of a Judge.
  • In comparison to a Judge, a Magistrate has extremely little power.

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Who is a Judge?
  • The term "Judge" has its origins in the Anglo-French term "Juger," meaning to form an opinion, and the Latin word "Judicare," which signifies examining, forming an opinion, and pronouncing judgment.
  • A Judge is responsible for delivering judgments and upholding the court's procedural rules, independently or as part of a panel of Judges.
  • By the law, a Judge is a judicial official who oversees court procedures and considers various facts and circumstances of the case, including the legal issues presented for hearing and decision-making.
  • Hence, the Judge is designated as a judicial officer with the authority to hear and adjudicate legal disputes.
  • A Judge's obligations, positions, and authority can vary depending on the jurisdiction.
    • A Judge may decide on their own or with the help of a panel of Judges.
    • He serves as a go-between for the two sides, making a decision in court based on the facts, evidence, and testimony of the prosecution and defence counsel.
    • The president of India appoints the justices to the Supreme Court. He selects justices for the High Court after consulting with the Chief Justice of India and the governor of the relevant state.

Judge 

Various Types of Judge in India

Types of Judge in India

Definition

Who appoints them?

District Judge

District Judge refers to the Judge of a principal Civil Court of original jurisdiction but shall not include a High Court in the exercise of either its ordinary or extraordinary original civil jurisdiction.

The Governor of The State in consultation with the High Court( HC with jurisdiction in relation to that State)

Session Judge

The state government of each session division in India established the Court of Sessions, sometimes known as the Sessions Court, which is presided over by a Sessions Court Judge.

The High Court

High court Judge

The High Court is a state’s highest court under India’s single, fully integrated legal system.

The President of India.

Supreme Court Judge

According to the Indian Constitution, the Supreme Court of India is the highest judicial body, the last resort court for appeals, and the only court with the authority to conduct judicial reviews.

The President of India.

Civil Judge junior division

He decides civil cases of small pecuniary stake

The Governor on recommendation by the High Court.

Limitations of the Judges

  • A Judge is not allowed to engage in public discussion or voice his opinions about political issues, as well as currently pending cases, or likely to require judicial resolution.
  • It is required of a Judge to let his decisions speak for themselves. He won’t grant the media an interview.

Check out this article to read more about the Amendments In the Indian Constitution.

Similarities Between Judge and Magistrate

Here are some similarities between judges and magistrates in India:

  • Both are judicial officers. They are both appointed by the government to uphold the law and dispense justice.
  • Both have the power to hear and decide cases. They both have the authority to preside over trials and make rulings on the evidence presented.
  • Both are bound by the law. They must follow the law in their decisions and cannot make rulings that are arbitrary or unfair.
  • Both are required to be impartial. They must not let their personal biases or prejudices influence their decisions.
  • Both are subject to judicial review. Their decisions can be appealed to higher courts.

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Conclusion

The duties of a Judge are universal, although a Magistrate’s position varies slightly from one region to another. To streamline the matter brought before the highest court, the Magistrate is tasked with resolving smaller or larger state-level issues in the state’s several courts. The Magistrates hear fraud, divorce, family issues, property disputes, etc. The Magistrates are capable and effective in their duties. An appeal’s hearing process can take a while. The Judge and the Magistrate are both significant members of the legal system who cooperate to maintain the nation's safety, justice, and compassion.

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We hope all your doubts regarding the Difference between Judge and Magistrate are addressed after going through this article. Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its products, like content pages, live tests, GK and current affairs, mocks, and so on. Ace your UPSC preparation with the Testbook App!

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Difference Between Magistrate and Judge - FAQs

A Magistrate is a civil or minor judicial officer who is in charge of upholding the law in a specific territory, like a town or district.

Compared to a Magistrate, a Judge has more authority.

To uphold law and order within a certain area of jurisdiction, the High Courts appoint regional judicial authorities known as Magistrates. They can make decisions on insignificant matters like traffic infractions, small-time larceny, and other insignificant violent crimes and misdemeanours.

A Magistrate is a Judge who conducts hearings in a lower court and usually handles simpler or preliminary issues.

For the aforementioned case types, a Magistrate considers cases on paternity, modification of custody, children in need of assistance, children in need of supervision, and attorney fees.
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