In this article you will learn about the Difference between Judge and Magistrate.
Difference between Judge and Magistrate
Many people think that judges and magistrates are the same. That is why they use it interchangeably and synonymously. But this is not true. The powers and functions of a judge and magistrate are totally different. A judge is a judicial officer who presides over trials and other court proceedings. They have the authority to hear and decide cases, and their decisions are binding on the parties involved. Whereas a magistrate is a judicial officer who has limited powers to hear and decide cases. They typically hear minor criminal cases, such as petty theft and traffic violations. Magistrates are appointed by the High Court of the state in which they serve.
To understand judges and magistrates, we should first learn the hierarchy of the Indian Courts. The first court is the Supreme Court also known as the apex court. In India, there is only one Supreme Court. So can all the cases of the country be filed in the Supreme Court? No, because it will increase the pendency of the cases. That is why the division of courts is necessary. Then we have the High Courts which are established in the state. Again there is a question that can all the cases of the state be filed in the high court? No, then we have district and session courts which are established in the districts of any state. The Supreme Court and High Court are known as the higher judiciary in India and here the presiding officers are called justice instead of judges and magistrates. But district and session courts are known as the lower judiciary in India and here the presiding officers are known as judges and magistrates.
Judges and magistrates are both legal professionals who play important roles in the judicial system, but they have different responsibilities and qualifications. Here are the key differences between judges and magistrates :
Legal Authority and Jurisdiction :
Judge : Judges are typically appointed or elected to preside over specific courts, such as federal or state courts. They have broader authority and handle more serious and complex cases.
Magistrate : Magistrates are usually appointed to preside over lower courts, such as municipal or district courts. They have limited jurisdiction and deal with less serious cases, such as minor criminal offences and civil disputes.
Responsibilities :
Judge : Judges preside over trials, make legal decisions, and issue rulings on matters of law. They are responsible for ensuring that trials are conducted fairly and according to legal procedures.
Magistrate : Magistrates handle preliminary matters in legal cases, such as issuing search warrants, setting bail, and conducting arraignments. They may also preside over certain types of hearings and, in some cases, conduct trials for minor offences.
Case Types :
Judge : Judges handle a wide range of cases, including criminal, civil, family, and appellate cases. They may specialise in a particular area of law based on the court they preside over.
Magistrate : Magistrates typically handle less serious criminal cases, such as traffic violations and small claims disputes. They may also assist judges in processing cases.
This article on Difference between Judge and Magistrate is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.