Difference Between Judge and Magistrate

In upholding the rule of law, the judiciary plays a vital role in democracy. While they share similarities in this regard, judges and magistrates are distinct. Unlike judges, magistrates preside over the highest court of the nation, as well as lower and sessions courts, delivering judgments to resolve disputes that could impact the legal framework of the country. Their authority extends significantly beyond that of judges.

Conversely, a magistrate is an official appointed by the state government with limited powers, selected by the supreme court after thorough evaluation. They are typically selected from judicial officers like first-class and second-class magistrates who have successfully cleared the state's judicial service examination.

Who is a Judge?

Any individual formally designated as a judge falls within the purview of Section 19 of the Indian Penal Code. Additionally, a person vested with the authority to render a decision in a court case, which if unchallenged, carries finality, is also termed as a judge. The judgment rendered by a judge holds authoritative weight and marks the conclusion of the matter. With substantial experience in the legal field and possessing an LLB degree, judges are equipped to fulfill their roles. Upon the collegium's recommendations, judges are appointed to the high courts and the Supreme Court by the President of India.

Examples of judges include:

1. A collector with authority in a particular case as specified in Act 10 of 1859.
2. A magistrate who holds jurisdiction over an offense, empowered to levy a fine or impose a term of imprisonment, irrespective of the presence of the offender.

Who is a Magistrate?

As per Section 11 of the Code of Criminal Procedure:

1. Each district (except metropolitan areas) shall establish Courts of Judicial Magistrates of the first and second classes, at locations determined by the State Government through notification, in consultation with the High Court. The aforementioned provision is contingent upon the following condition: The State Government, in consultation with the High Court, may establish one or more Special Courts of Judicial Magistrates of the first or second class for any specific locality, empowered to adjudicate upon any particular case or category of cases. Furthermore, it stipulates that if a Special Court of Judicial Magistrate is established, no other local magistrate's court shall have jurisdiction to hear any case or category of cases for which the Special Court of Judicial Magistrate has been constituted.
2. The officials heading such Courts are appointed by the High Court.
3. When deemed appropriate or beneficial, the High Court may confer the powers of a Judicial Magistrate of the first or second class upon any civil court employee of the State. Under Section 12 of the Code of Criminal Procedure, the High Court is also empowered to assign a first-class judicial magistrate to serve as the chief judicial magistrate.
   As per Section 13 of the Code of Criminal Procedure, an individual presently employed by the government or with prior government service is eligible to be vested with all powers accorded to a judicial magistrate by the High Court upon the request of either the state or central government. These appointees, known as special magistrates, serve terms not exceeding one year, subject to meeting the criteria outlined by the High Court in its regulations.

Magistrate and Judge: Key Differences

Magistrate vs. Judge: Who is More Powerful?

Determining the authority between a magistrate and a judge is essential to address this question.

As per Section 14 of the Code of Criminal Procedure, the jurisdiction of a Judicial Magistrate extends over either the entire district or as delineated by the Chief Judicial Magistrate.

Under Section 15 of the Code of Criminal Procedure, all judicial magistrates are accountable to the sessions judge and are bound by their regulations. Occasionally, directives may be issued by the chief judicial magistrate regarding matters under the purview of the judicial magistrate.

As outlined in Section 28 of the Code of Criminal Procedure, both sessions judges and the High Court hold authority to impose various sentences:

1. The High Court retains the power to levy any penalty permissible under the law.
2. Sessions Judges and Additional Sessions Judges are empowered to impose any lawful penalty, except for death sentences, which require confirmation from the High Court.
3. Assistant Sessions Judges are authorized to impose any lawful penalty, with the exception of death sentences, life imprisonment, and sentences exceeding 10 years.

Section 29 of the Code of Criminal Procedure delineates the punishments that can be imposed by a sessions judge.

1. With exceptions including the death penalty, life imprisonment, and sentences exceeding seven years, the Court of a Chief Judicial Magistrate is authorized to impose any lawful punishment.
2. A magistrate of the first class possesses the ability to sentence an individual to a maximum of three years in prison, a fine of up to 10,000 rupees, or both.
3. In contrast, the Court of a Magistrate of the Second Class has the power to impose a maximum sentence of one year in jail, a fine of up to two thousand rupees, or both.
4. Equality in authority is maintained among the Chief Judicial Magistrate's Court, the Metropolitan Magistrate's Court, and the Court of a Magistrate of the First Class in comparison to the Chief Metropolitan Magistrate's Court.

Magistrate and Judge Difference - Salary

The Department of Justice, a division within the Ministry of Law and Justice, Government of India, provides the details of the pay scales for high court judges. The Chief Justice of India receives a monthly salary of Rs. 2,80,000, while Supreme Court judges are granted Rs. 2,50,000 per month. Similarly, the Chief Justice of the High Court earns a monthly remuneration of Rs. 2,50,000, and High Court Judges receive Rs. 2,25,000 each month. Additionally, as per the second judicial pay commission, district judges are awarded a monthly salary of approximately Rs. 1.88 lakh.

Civil Judges (Junior Division) appointed through the judicial service often fulfill the role of a First Class Magistrate, while Civil Judges (Senior Division) appointed via the judiciary service commonly assume the position of Chief Judicial Magistrate. Furthermore, retired government officials possessing law degrees are appointed by state governments to serve as special judges.

Salaries for judicial officials have been revised in accordance with the recommendations of the Second Judicial Pay Commission. Civil Judges (Junior Division) receive approximately one lakh rupees per month, whereas Civil Judges (Senior Division) are granted Rs. 1.35 lakh. The minimum monthly salary for special magistrates would be Rs. 30,000.

Conclusion

While the duties of a magistrate vary greatly across regions, a judge's responsibilities remain consistent throughout. Magistrates are tasked with resolving both minor and major cases within the state's various courts, expediting matters slated for review by higher courts. Cases ranging from fraud and divorce to family disputes and property disagreements fall under the purview of magistrates. They execute their duties with competence and efficiency. Though the appeals process may prolong hearings, judges and magistrates, as integral figures within the legal system, collaborate to uphold the safety, fairness, and empathy of the nation.

Frequently Asked Question (FAQs)

1.) What does the term "Judge" mean?

A judge is an individual endowed with the authority to issue a conclusive verdict in a court case, which, if unchallenged, holds definitive status under Section 19 of the Indian Penal Code. The judge's ruling carries authoritative weight and marks the conclusion of the matter.

2.) What does the term "Magistrate" mean?

A magistrate is a subordinate of the district sessions judge, appointed by the high court, with limited jurisdiction to preside over cases.

3.) In terms of authority, who holds more power: a judge or a magistrate?

The judge possesses greater authority and jurisdiction compared to the magistrate, who operates under the sessions judge.

4.) When it comes to remuneration, who earns a higher salary: a magistrate or a judge?

The judge receives a higher salary than the magistrate.

5.) Can a magistrate be equated with a judge?

Judges and magistrates serve distinct roles. While both are judicial officers, a magistrate holds lesser authority compared to a judge.