Difference between Magistrate and Judge
Difference between Magistrate and Judge
The member of the legal system who examines all of the evidence presented in the court by two opposing parties is a judge. They evaluate the facts and make important decisions about the case’s progress and outcome.
A magistrate, on the other hand, is a judicial officer with limited judicial authority, unlike a judge. They may be in charge of a district or a city. They can only become involved in problems that fall under their jurisdiction.
Magistrate is appointed by the high court, whereas the President of India appoints the Judge.
The word “magistrate” is derived from the English word “magistrate.”
Judge is derived from the French word juger, which means “to judge.”
A civil officer or a small judicial officer who serves in a district, town, or county is the magistrate. The role of the Magistrate is to deal with minor issues. A judge is neither a public servant nor a member of the judiciary’s lower ranks.
In a legal case, a judge is a judicial representative who analyses the evidence presented to him. The operations of the court are carefully analyzed by a judge, who also makes decisions in the case.
A Magistrate lacks the power to condemn someone to live in prison.
A Magistrate has no right to condemn someone to death or life in prison. Depending on the seriousness of the crime, a judge can sentence a prisoner to life in prison or death.
Minor cases are handled by a magistrate. A judge hears cases that are difficult to understand.
When compared to that of a Judge, a magistrate’s jurisdiction is limited. The jurisdiction of a judge is fairly extensive.
In comparison to a judge, a magistrate’s authority is quite limited. A magistrate is not the same as a judge in terms of authority.
Finally, while a judge’s responsibilities are universal, a magistrate’s duty varies slightly depending on the jurisdiction.
To streamline the case that goes to the highest court, the magistrate is assigned to handle minor or major state-level matters in the state’s several courts. The magistrates are in charge of hearing murders, frauds, divorces, family conflicts, property disputes, and other issues.
The magistrates are capable and efficient in their duties. An appeal usually takes a long time to be heard.
The judge and the magistrate are both crucial law enforcement authorities who collaborate to keep the country secure, just, and caring.
In legal language, the terms judge and magistrate are frequently interchanged, and many people believe they refer to the same person. Within the legal system, judges and magistrates, on the other hand, have distinct functions and obligations. The main distinction between these roles is the amount of power they can wield, although there are also minor distinctions to be made.
To be appointed as a circuit court judge, you must first obtain a law degree, pass a state-administered bar test, and gain experience as a practicing attorney.
Attorneys who want to be circuit court judges can seek for service in elections and be chosen by civilian citizens, but they are not linked with any political party. A state’s governor can also appoint a judge.
Circuit court judges are said to have more authority than magistrates and are in charge of more complex topics including criminal cases, high-priority cases, and constitutional cases just at, state, and county levels. Circuit court attorneys can always be supposed to be serving in more than one district in the state, but they only serve in one.
In terms of responsibilities, the judge’s function would be to rule over trials and guarantee that all sides obey the guidelines.
Although a legal degree and expertise as an attorney are required for magistrates to be appointed, they are appointed by just a circuit judicial officer. They have less power than judges and are more akin to administrators in terms of extent of jurisdiction.
Their authority is relatively limited, as they can only govern a region, district, province, or county. The magistrate’s job is to mediate in a trial’s case summary; they do not interact with a jury. The magistrate can hear other matters determined by the Court, such as disrespect and enforcement actions.
Full-time magistrate serves for 8 years, whereas part-time magistrate serves for four years, unlike judges.