Difference Between Judge and Magistrate
Difference Between Judge and Magistrate: The Judiciary is one of the pillars of democracy meant to uphold the law of the land. In this regard, a judge and a magistrate may appear to be the same but there are differences present between the two terms. The difference between magistrate and judge lies in the fact that judges preside over the courts namely - the supreme court, high court or the sessions court and pass judgements to resolve conflicts between parties that may have a bearing on the law of the land in the country. Their jurisdiction is much wider.
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- Who is a Judge?
- Who is a Magistrate?
- Magistrate and Judge - Key Differences
- Magistrate vs. Judge: Who is more powerful?
- Magistrate and Judge Difference - Salary
A magistrate, on the other hand, has limited powers and is appointed by the high court on instructions from the state government after due deliberation. They are usually selected from the judicial service exam of the state including judicial officers such as first class magistrate and second class magistrate.
Who is a Judge?
Section 19 of the Indian Penal Code defines a judge as any person who is officially designated as a judge. The judge also refers to any person who is empowered to give a definitive judgement in a legal proceeding, which if not contested would be considered definitive. The order of the judge has finality or authoritativeness. They possess a degree in LLB and have vast experience in a career in the legal field. Judges of the high courts and the Supreme Court are appointed by the President of India on the recommendations of the collegium.
Examples of judges can include:
A collector having authority in a case under Act 10 of 1859 is a judge
A Magistrate with jurisdiction over an offence for which he has the authority to impose a fine or term of imprisonment, with or without appearance, is a Judge
Who is a Magistrate?
Section 11 of the Code of Criminal Procedure states that :
In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
The provision mentioned above comes with a condition that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases. Further, it states that, where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established
The presiding officers of such Courts shall be appointed by the High Court.
The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
Section 12 of the Code of Criminal Procedure states that the high court can also appoint a judicial magistrate of the first class to be the chief judicial magistrate.
Section 13 of the Code of Criminal Procedure states that when requested by the state or central government, the high court can also grant to a person who currently holds or has held a position in the government in the past all the powers that can be conferred on a judicial magistrate. Such persons are called special magistrates and are appointed for a term not exceeding one year. These powers are granted with the condition that the said person possesses the qualification as the high court may specify in its rules.
Magistrate and Judge - Key Differences
| Particulars | Magistrate | Judge |
| Appointment | Appointed by state government or High Court | By President of India |
| Education qualification | Degree from a recognized university | Law degree is mandatory |
| Jurisdiction | Limited jurisdiction within the state | Wider jurisdiction includes power to impose death sentence on a guilty |
| Nature of cases | Magistrate handles small cases | Judge due to his wider jurisdiction and power handles more complex cases |
Magistrate vs. Judge: Who is more powerful?
Who is more powerful, the judge or magistrate? To answer this, it is important to see their jurisdiction!
Section 14 of the Code of Criminal Procedure states that the jurisdiction of the judicial magistrate will cover the entire district or within the limits as specified by the Chief judicial magistrate
Section 15 of the Code of Criminal Procedure states that every chief judicial magistrate will be subordinate to the sessions judge and that every judicial magistrate will be subordinate to the chief judicial magistrate subject to the regulation of the sessions judge. The chief judicial magistrate will from time to time frame rules or issue orders for the business to be conducted by the judicial magistrate
As per section 28 of the Code of Criminal Procedure, a high court or a sessions judge can pass the following sentences:
Any sentence permitted by law may be imposed by the High Court.
Any legal sentence may be imposed by a Sessions Judge or Additional Sessions Judge, but the High Court must affirm any death sentence imposed by the Sessions or additional sessions judge.
An Assistant Sessions Judge may impose any legal punishment, with the exception of the capital penalty, life in prison, and sentences that last longer than ten years.
Section 29 of the Code of Criminal Procedure specifies the sentences which a sessions judge can pass
Any legal punishment may be imposed by the Court of a Chief Judicial Magistrate, with the exception of the death penalty, life in prison, and sentences of more than seven years.
A sentence of up to three years in prison, a fine of up to 10,000 rupees, or both may be imposed by the court of a magistrate of the first class.
A punishment of up to one year in prison, a fine of up to two thousand rupees, or both may be imposed by the Court of Magistrate of the Second Class.
The Chief Metropolitan Magistrate's Court shall have all of the authority of the Chief Judicial Magistrate's Court, the Metropolitan Magistrate's Court, and the Court of a Magistrate of the First Class.
Also check - Difference Between a Lawyer an Advocate
Magistrate and Judge Difference - Salary
As per data from the Department of Justice, under Ministry of Law and Justice, Government of India, the salary of the top judges is as follows
Judge vs. Magistrate Salary
Chief Justice of India | Rs. 2,80,000 pm |
Judges of Supreme Court | Rs. 2,50,000 pm |
Chief Justice of High Court | Rs. 2,50,000 pm |
Judges of High Court | Rs. 2,25,000 pm |
The district judge earns a salary of around Rs. 1.88 Lakhs per month as per the second judicial pay commission.
Often, the Civil Judge (Jr. Division) recruited under the judicial service acts as First Class Magistrate and Civil Judge (Sr. Division) recruited under the judicial service acts as Chief judicial magistrate. State governments also appoint retired government officers who possess law degrees to act as special magistrates.
On the recommendation of the Second Judicial Pay Commission, the salary for judicial officers has been revised. The salary of a Civil Judge (Jr. Division ) is around 1 Lakh per month, while the salary of the Civil Judge (Sr. Division) will be Rs.1.35 lakh per month. Special magistrates will have a minimum remuneration of Rs.30000 per month.
Also Read: How to Become a Judge in India After LLB
Frequently Asked Questions (FAQs)
As per Section 19 of the Indian Penal Code, a judge refers to any person who is empowered to give a definitive judgement in a legal proceeding, which if not contested would be considered definitive. The order of the judge has finality or authoritativeness.
A magistrate is a person appointed by the high court and subordinated to the district sessions judge with limited powers and jurisdiction to preside over cases.
The judge has wider jurisdiction and more powers. The magistrate works under the sessions judge.
The payscale of the judge is higher than the magistrate.
No, magistrate and judge are different from each other. A magistrate is a judicial officer with limited powers compared to a Judge.
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Questions related to L.L.B
If you're looking for 5-year LLB colleges besides CLAT, AILET, Jindal, and Symbiosis, consider options like Government Law College, Amity Law School, Noida, ILS (Indian Law Society), Pune, ,VIT Chennai - Vellore Institute of Technology ,srm,and the School of Law and Legal Studies at Guru Gobind Singh Indraprastha University.
Most of the top law colleges are accepting clat score only so you need to target PRIVATE LAW UNIVERSITIES and to look for affordable side you can go for state law colleges which is not good as national law university but they give you degree to practice as a lawyer in india.
Hello,
Here are the steps to apply for an LLB program in India :
-
Check Eligibility : Ensure you meet the eligibility criteria (most universities accept graduates from any stream with a minimum percentage, typically 45-50%).
-
Choose Program : Decide whether to pursue a 3-year LLB (for graduates) or a 5-year integrated LLB (for undergraduates).
-
Entrance Exams : Prepare and appear for entrance exams like CLAT (Common Law Admission Test), LSAT-India, or university-specific tests (e.g., DU LLB Entrance).
-
Select University : Research colleges offering LLB programs. Government College Ludhiana may be affiliated with a university offering LLB.
-
Application Process :
- Visit the university's official website.
- Fill out the application form and upload required documents (e.g., graduation mark sheets, ID proof).
-
Admission : Based on entrance exam results or merit, attend counseling, pay the fee, and confirm admission.
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Attend Classes : Start the program and complete practical training modules.
Hope it helps !
If you want to pursue an LLB after completing your postgraduate degree in 2002-2003, you can apply to various law colleges in India that offer 3-year LLB programs. Here's how you can proceed:
1. Eligibility Requirements
Most universities require a bachelor's degree in any discipline with a minimum percentage (usually 45% to 50% for general category and 40% to 45% for reserved categories).
There is no upper age limit for LLB admission, as per the Bar Council of India (BCI) rules.
As a postgraduate, you are eligible if your postgraduate degree was from a recognized university.
2. Entrance Exams
To get admission, you may need to clear an entrance exam. Common entrance exams for 3-year LLB programs include:
PU LLB Entrance Test: Conducted by Punjab University, Chandigarh, which is near Ludhiana.
DU LLB Entrance Exam: For admission to Delhi University’s Faculty of Law.
MH CET Law: For law colleges in Maharashtra, including Government Law College.
SLAT or LSAT India: Some private universities accept these scores.
3. Application Process
Research universities offering the 3-year LLB program and check their admission notifications.
Register for the entrance exam, if applicable, through the official exam portal.
Submit the application form with required documents, such as:
Graduation and postgraduation degree certificates.
Identity proof and recent photographs.
Caste certificate (if applicable).
4. Colleges Near Ludhiana
Punjab University, Chandigarh (affiliated colleges also offer LLB).
Lovely Professional University (LPU).
Guru Nanak Dev University (GNDU), Amritsar.
Chandigarh University, Mohali.
5. Alternative Option
If you want to avoid entrance exams, some private universities offer direct admission based on merit.
Next Steps:
Check the eligibility criteria and entrance exam requirements for universities you're interested in.
Prepare for the entrance exam if needed.
Submit the application before deadlines.
For more detailed guidance, you can visit the websites of
the respective universities or contact their admission offices.
To apply for an LLB after completing your post-graduation in 2002-2003, research law colleges that accept post-graduates and check their eligibility criteria, prepare and register for entrance exams like CLAT or AILET, appear for the exam and obtain a valid score, participate in the counseling and seat allotment process, and complete the admission formalities. Some colleges may also offer direct admission based on your graduation marks without requiring an entrance exam, so check their specific requirements.
for LLB theres no upper age limit and u completed u completed ur post graduation which mets the criteria and for LLB typically 45 to 50% marks is required in ur post graduation.....
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