What Is Difference Between Judge And Magistrate?


Let's first look at the word 'judge' which is derived from the Anglo French word 'jugar' which means 'to form an opinion about'. But in Latin term 'judicare' which means to investigate, decide And pronounce officially. In recent times we can see Judge are the heads of the  Supreme Court, High Court And other Lower courts. Magistrate are not equal to judges because the power given to him relatively less than that of judges.

Who is a Judge?

So, the judge means Adjudicator And follow the proceedings of the Court and all the legal issues are hear and decided by him in the court. Judges in law are considered as judicial officer appointed to hear and  make decisions. The judge is the persons  who observes the proceedings of the court either alone Or with a penal of judges.

A judge is said to be an arbitrator which means a Person who decides a matter in court. So, now the appointment of judge of the supreme court is done by the president of India after discussing with chief Justice of India. And High Court's judges are also appointed by president but with the consultation of the governor. Now let's see how are judges made?

In our Indian Judicial system, there are three layer court which are follow in Supreme Court, High Court And Lower court . And in present scienerio , any law students who having the law degree can be come magistrate by directly passing the exam PCS-J means provincial civil service(judicial) exam. And those who became magistrate then they are considered 2nd class magistrate for a year. But after some year then they get promoted. 

Do You Know? 

Who is a Magistrate?

The word 'Magistrate' which has been derived from the old French word 'Magistrate' means 'civil officer in charge of Administrating laws'. 

But from the Latin word 'Magistrates' which means ' A magistrate, public, machinery'. So, A magistrate who is a civil servant And administrates the law in any particular area like in district Or City. The Magistrate who hears And decide a civil And Criminal cases.

Warren Hastings is the first person who had created the post of District Magistrate in the year 1772. The Function of the District Magistrate is to collect land, revenue, maintain law and order in that particular area/district.

All the other officers of that particular district will subordinate to him. And they will provide him all the information of their department. The DM can also supervises the police and subordinate courts of the district. 

What is difference between judge and Magistrate?

1. The Basic difference is that the judge is the person who will always an officer with the degree of law , But for the Magistrate it is not compulsory to have a law degree in every country. 

2. The Judge have the power to pass the decree of life imprisonment or sentence of death but Magistrate have only power to impose the fine and imprisonment for a specific period.

3. The judge can decide any matter in the court and the decision of the Judge in the Supreme Court is final and can't be appeal , but magistrate is the administrater who maintain the law and order in a particular area. 

4. The appointment of judges are made by the president of India but the magistrate is appointed by the High Court.

5. The Judges always takes the decision in a serious and complicated matters that's why the knowledge in law and ability to make personal matters is very important whereas Magistrate have less power as compared to judges as magistrate can take decisions on a small or minor matters, but magistrate who gives the initial decision in criminal cases. 

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