Magistrate and Judge

In a court of law, a judge is a person who chooses how the law should indeed be implemented, such as how offenders should be penalized. Magistrates are those who judge cases in their local courts. They might handle matters in either the criminal or family courts or both. 

Magistrate

The characteristics of a good magistrate are as follows:

• Committed to the quest for justice
• Attentive, professional, and well-organized in his or her strategy to work
• When hearing cases, the judge must be completely accurate and impartial
• In his or her look, he or she should be respectable, nice, and tidy
• Patient and pleasant, but capable of demanding respect and maintaining tight control over the procedures in court
• When listening to evidence, one must be alert and observant
• Rational and able to utilize common sense in thinking out a case and arriving at a verdict
• Able to make up one’s mind and make judgments

Functions Of Magistrate

The role of judges is more than just functioning as referees in a game to ensure neither side violates mistakes. They must direct and manage the case in accordance with established norms and procedures, ensuring that justice is nevertheless done but also obviously shown to be done. Magistrates must make every effort to discover the truth in all matters that come before them. 

They must not, however, enter into the lawsuit. In order to discover the facts, magistrates have the right, and indeed the obligation, to examine witnesses and accused in order to clarify aspects that are ambiguous in their evidence. They may not, however, consider taking over and investigating the main examiners or cross-examination examiners of evidence. They must avoid interrogating in such a way and to such an extent that it appears that they are no longer unbiased.

They should not examine witnesses for an extended period of time. If they intervene excessively in a trial, it will destroy or hinder their capacity to examine the evidence objectively and independently or to make a decision based on the facts. 

Judge

A judge is a public person who has the ability to hear, decide, and supervise matters of law presented before a courtroom. In jury trials, the judge maintains control over the panel’s selection and teaches it on relevant law. The judge may also decide on motions filed prior to or during a hearing. 

Duties of Judge

• A person operating as a Judge in a Court of Law must carry out his responsibilities without fear or favour, ill will, or affection
• A judge must be unbiased, doing everything for the sake of law and nothing for himself, his friends, or his family
• A Judge must be patient and understand the seriousness of the situation. He should provide the counsel or party with every chance to convey their argument
•  A Judge must respect the Bar Privilege
•  A Judge must sit with just an open mind. No Judge should make an opinion on the outcome of the argument before he has heard the parties

Difference Between Magistrate and Judge 

Magistrate

• A Magistrate will not have the authority to sentence someone to life in prison or to death
• A magistrate hears small matters
• The High Court appoints the Magistrate
• A Magistrate’s jurisdiction is more limited than that of a Judge
• A Magistrate has very little authority than a judge
• A Magistrate is an administrative or intermediate judicial authority who serves in a certain place, including a district, town, or county. The Magistrate’s function is to handle minor issues

Judge

• A Judge can sentence a defendant to life in prison or death, depending on the gravity of the offense
• A judge handles complicated situations
• The Judge is appointed by the President of India
• A judge’s jurisdiction is fairly broad
• A judge wields greater authority than a magistrate
• A judge is neither an administrative or intermediate judicial authority of the court. A judge is a judicial authority who weighs the evidence presented to him in a legal proceeding. A judge oversees the functioning of the court and makes judgments in the case

Conclusion 

We discussed Judge, Magistrate & difference between magistrate and judge and other related topics through the study material notes on the difference between magistrate and judge.

The President of India appoints the judges, whilst the High Courts appoint magistrates. A Judge has greater authority than a Magistrate. A Judge’s Jurisdiction is also far broader than that of  Magistrate.