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Difference Between Judge and Magistrate | Magistrate vs Judge

By BYJU'S Exam Prep

Updated on: November 14th, 2023

The difference between Judge and Magistrate is that the former is appointed by the President of India, while the latter is appointed by the High Court. Magistrates and judges are a part of India’s judicial system. Another difference between Magistrate and Judge is that they function on different levels in the judiciary. Both judges and magistrates have judiciary presence, but their roles differ from each other.

Difference Between Judge and Magistrate PDF

Judges have more power than magistrates when it comes to finalizing an order. Magistrates function at a lower level than judges in the Indian judicial system. However, there are also some similarities between judges and magistrates. The difference between judge and magistrate is shared here in detail on multiple bases such as their salary, qualification, appointment, etc.

Difference between Judge and Magistrate

Magistrates and judges operate on different levels in the Indian judiciary. Judges are superior in authority, and their verdict is the final one. Here is the Difference Between Judge and Magistrate in detail.

Magistrate vs Judge

Difference Between Magistrate and Judge

Magistrate

Judge

The state government and the high court appoint a magistrate.

The President of India and the Governor can only appoint a judge.

To become a magistrate, getting a law degree is not mandatory.

A law degree is mandatory to become a judge.

A magistrate’s area of jurisdiction is at the state level.

A judge’s area of jurisdiction is at a national level.

A magistrate does not have the authority to impose a death sentence on a guilty person.

A judge can impose a death sentence on a guilty person.

A magistrate only handles minor cases.

A judge handles complex cases.

Magistrate and Judge

One difference between judge and magistrate is that the salary of a judge is more than that of a magistrate. Since judges operate on a higher level than a magistrate, they are offered a higher salary. Here is the Magistrate vs Judge Salary in India:

Salary Difference Between Judge and Magistrate

Position

Pay Scale

High Court Judge

₹80,000 (per month)

Supreme Court Judge

₹90,000 (per month)

District Judge

₹12,000 – ₹24,000 (per month)

Chief Justice

₹1,00,000

Magistrate

₹27,700 – ₹44,700

Who is Magistrate?

The word “Magistrate” comes from a French word that means a civil officer. The position of Magistrate was introduced by the then-governor general of India, Warren Hastings, in 1772.

In the Indian judicial system, a magistrate is a minor judicial system officer who governs law in a particular region, town, or district. Here is some more information about magistrates:

  • They are responsible for ruling over many cases in one day.
  • They are also responsible for gear applications for adjournment.
  • Magistrates decide penalties when a person pleads guilty – if they challenge the decision, they decide whether the person is guilty.
  • A magistrate does not have the same authority as a judge.
  • Only the state government and the high court can appoint a magistrate.

Types of Magistrates in India

There are four major types of magistrates: Chief judicial magistrate, Judicial Magistrate, Metropolitan magistrate, and Executive magistrate. Here are the details about them:

  • Chief Judicial Magistrate: The high court appoints a chief judicial magistrate for every district. The high court only appoints a first-class judicial magistrate as a chief judicial magistrate.
  • Judicial Magistrate: A judicial magistrate is governed by the Session Judge and is subordinate to the Chief Judicial magistrate.
  • Metropolitan Magistrate: Metropolitan magistrates are appointed for towns with more than one million population. These magistrates are subordinate to the chief metropolitan magistrate and report to the Session Judge.
  • Executive Magistrate: They are appointed by the State government for a district as a district magistrate and an additional district magistrate.

Who is Judge?

The word “judge” comes from the Anglo-French word “juger,” which means to shape an opinion on something. A judge is a judicial officer who administers court hearings and gives the final verdict over legal cases.

They are superior to magistrates and are appointed by the President of India. Here are some of the roles and responsibilities of a judge:

  • The judge sits in the supreme court for legal hearings.
  • A judge can give the final verdict alone or take help from a panel of judges in a court case.
  • A judge has the authority to sentence someone to death.

Similarities Between Judge and Magistrate

The Judiciary system plays an important role in enforcing law across the nation and settling disputes between citizens, states, and other parties. Magistrates and Judges are the mechanisms through which the law is enforced and conflicts are resolved.

Some of the similarities and difference between Judge and Magistrate are listed below:

  • The authority of magistrates and judges on ruling objections, hearing cases, and finalizing the outcome is the same.
  • The process of appealing against a magistrate’s decision is different from appealing against a judge’s decision.
  • Magistrates dress up like citizens, unlike judges, who wear formal garb.

Conclusion:

Key Difference between Judge and Magistrate

The key difference between Judge and Magistrate is that a Judge is anyone who has mandatorily obtained a law degree and holds jurisdiction at the national level, while a Magistrate does not require a law degree and holds an area of jurisdiction at the state level.

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