DIFFERENCE BETWEEN JUDGE & MAGISTRATE findoutabout.in

Table of Contents

INTRODUCTION

In the judiciary, magistrates and judges seem to be the same, but this is not the case. There are distinctions, especially in the nature of their abilities. The judiciary is a legislative body that safeguards citizens’ rights. This is the ultimate authority when it comes to legal and constitutional issues. It is crucial in enacting laws and resolving conflicts between individuals, governments, and other parties. To protect citizens’ rights, the courts preserve law and order in the country. Judges preside over the Supreme Court, the High Court, and other lower courts. They do not have the same powers as magistrates; their authority is restricted. A magistrate’s jurisdiction is usually a district or a city.

Definition Of Magistrate

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 judge, although he lacks the same authority. A magistrate’s law enforcement abilities are limited.

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 entities in the district.

Types of Magistrates

There are several types of magistrates

Judicial
Chief Judicial
Metropolitan
Executive

Judicial Magistrate: The Session Judge regulates 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 one who is appointed for cities having populations of over one million people. They report to the session judge and are accountable to the chief metropolitan magistrate.

Executive Magistrate: They are appointed in the district at the discretion of the state government. The posts of the district magistrate and supplementary district magistrate are held by two of the executive magistrates.

Definition Of Judge

A judge is a judicial officer who deals with the legal proceedings of the court. He considers and hears several cases and makes decisions. Sometimes, they make individual decisions; other times, they make decisions as a panel. They have full authority to hear and decide matters and cases relating to the law. In fact, they can make decisions on severe and complex issues. In such cases, they use their knowledge of the law and their ability to make personal decisions.

The President appoints the judges for the Supreme Court. Meanwhile, in some countries, the President in consultation with the Chief Justice appoints the high court judges. In many other countries, the president nominates the district judges and the Senate confirms the appointments. The ways of appointing them are different from one country to another according to the legislation of the country. They also have the power and right to pass a sentence of death or life imprisonment. Moreover, decisions the supreme court judge makes are final, and even appeals cannot be made upon this judgment.

Similarities Between them

Both the magistrate and the judge are judicial officers.
Magistrates and judges have the power to hear and address matters and cases.

Difference between Magistrate and Judge

Magistrate	Judge
High Courts appoint the Magistrate	The President of India appoints the Judge
The word Magistrate is derived from the English word “Magistrate.”	The word judge has been derived from the French word juger
A civil officer or a minor judicial officer in specific areas like a district, town, etc. is called a Magistrate. The mandate of the Magistrate is to handle minor cases.	A Judge is not a civil officer nor a minor judicial officer. he is a judicial officer who analyses evidence that is presented to him in relation to a legal case. he administers proceedings of the court and passes his judgments on the case.
A Magistrate does not have the power to award life imprisonment or a death sentence.	A convict can be awarded life imprisonment or a death sentence by a Judge, commensurate with the seriousness of the crime.
They handle minor cases	They handle complex cases
The jurisdiction of a Magistrate is smaller when compared to a Judge.	The jurisdiction of a Judge is very vast.
They have less power than a judge	They have more power than a magistrate

CONCLUSION

The work obligations of a judge are universal, and the role of the magistrate differs slightly depending on the locality. The main difference between them is that judges have more legal power and authority than magistrates. Although magistrates mainly work in family law, judges work on complex and serious cases and even have the right to pass a sentence of death or life imprisonment. Both of them are important law enforcement officers who work together to make the country safe, just, and caring.