Judge v/s Magistrate

Judges are not actually the same as Magistrates, whose forces are moderately not exactly a Judge. The purview of a magistrate is commonly a region or a town. In this article portion, you can discover the contrast between magistrate and judge. 

Meaning of Magistrate 

Magistrate implies a minor legal official, who controls the law in a specific zone, for example, region or town. He/She is somebody who hears the common or criminal cases and condemns.
The sorts of magistrates are: 

Judicial Magistrate: After discussion with the High Court, the State Government may inform the quantity of courts of legal magistrates of the top-notch and below average in each area. The legal magistrate is subordinate to the Chief Judicial Magistrate and administered by the Session Judge. 

First Class Judicial The magistrate is permitted to pass a sentence of detainment for a limit of 3 years or fine up to Rs. 5000 or both. Below average Judicial Magistrate is known as the court of least level and can pass sentence for the limit of 1 year or fine up to Rs. 5000 or both. 

Chief Judicial Magistrate: A top of the line legal magistrate is named as the boss legal magistrate by the high court in each region. The boss legal magistrate is subordinate to and constrained by the session judge. They have the ability to force any fine or sentence of detainment, not over seven years. 

Metropolitan Magistrate: The towns with a populace more than one million are considered as metropolitan territories and magistrates delegated for such regions are called Metropolitan Magistrate. The Metropolitan magistrate report to the session judge and is subordinate to the central metropolitan magistrate. 

Executive Magistrate:  according to the prudence of the State Government official magistrates are delegated in a region. Of these official magistrates, one is named as District Magistrate and one as Additional District Magistrate. 

Meaning of Judge 

The general significance of a judge is the person who makes a judgment. In law, a judge is depicted as a legal official who controls court procedures and is chosen to hear and give a judgment on the legitimate cases thinking about different certainties and subtleties of the case. Contingent upon the purview, the power, capacities, and arrangement technique for the judges change. 

A judge rules, either alone or with a board of judges, in light of the inquiries of law. He/She assumes the job of a referee between the challenging gatherings and articulates judgment in the preliminary in the wake of considering the observers, realities, and proof introduced by the indictment and barrier legal counselors and contentions of the case. 

The President of India names the judges of the incomparable court, and the President chooses the judges of the High Court in the wake of examining with Chief Justice of India and Governor of the individual state. 

Area Judges are named by the Governor subsequent to counseling with the High Court of the said state. Session Judge is named by the High Court for each session division and has the ability to force the death penalty in a claim. 

Key Differences Between Magistrate and Judge 

The contrasts among magistrate and the judge can be drawn unmistakably on the accompanying premises: 

A judge can be depicted as an individual who referees, for example, the person who gives the decision on somebody or a case in the courtroom. Actually, a magistrate is a territorial legal official who is chosen by the judges of the high court of the concerned state to keep up peace in a specific territory or area. 

A magistrate pass on judgment on little and minor cases. In reality, a magistrate gives the primer decision in criminal cases. As against this, the judge takes care of genuine and complex cases, in which learning of the law and individual judgment capacity is exceptionally required. 

The locale secured by a magistrate is similarly littler than the purview of a judge. 

The legal magistrate and boss legal magistrate are designated by the high court while Governor names District Magistrate. On the other hand, President delegates the judge of the Supreme The court while high court judges are named by President in discussion with the central equity of India and Governor of the specific state. 

The magistrate could possibly have the legitimate capability, though a judge so named must have lawful capabilities, just as he/she should be a rehearsing legal advisor in the courtroom. 

The magistrate has the ability to give the sentence of detainment for a specific term and fine. Dissimilar to judges have the ability to pass sentence of life detainment and even demise in genuine offenses. 

Conclusion

A judge is somebody, who has the basic leadership control in the law court, on a specific matter. The decision made by the judge of the incomparable court is conclusive and no further intrigue can be made. Then again, the magistrate is increasingly similar to a chairman who cares for the lawfulness of the specific region.

Importance of Judiciary

The Judiciary is the third organ of the administration. It has the duty to apply the laws to explicit cases and settle all questions. The genuine 'significance of law' is the thing that the judges choose over the span of giving their decisions in different cases. From the resident's perspective, Judiciary is the most significant organ of the administration since it goes about as their defender against the potential over abundances of authoritative and official organs. The job of Judiciary as the gatekeeper defender of the constitution and the basic privileges of the individuals makes it more decent than the other two organs.

1. To Give Justice to the individuals:

The above all capacity of the judiciary is to offer equity to the individuals, at whatever point they may move toward it. It grants discipline to the individuals who after preliminary are seen as liable of disregarding the laws of the state or the privileges of the individuals..The bothered residents can go to the courts for looking for review and pay. They can do so either when they dread any damage to their privileges or after they have endured any misfortune. The judiciary fixes the amount and nature of discipline to be given to the crooks. It chooses all cases including award of pay to the residents.

2. Interpretation and Application of Laws:

One of the significant elements of the judiciary is to decipher and apply laws to explicit cases. Over the span of choosing the debates that precede it, the judges translate and apply laws. Each law needs a legitimate understanding for getting applied to each particular case. This capacity is performed by the judges. The law implies what the judges translate it to mean.

3. Role in law making:

The legal executive likewise assumes a job in law-production. The choices given by the courts truly decide the significance, nature, and extent of the laws passed by the lawmaking body. The elucidation of laws by the legal executive adds up to law-production as it is these understandings that truly characterize the laws.

In addition, 'the judgments conveyed by the higher courts, which are the Courts of Records, are authoritative upon lower courts. The last can choose the cases before them based on the choices made by the higher courts. Legal choices establish a wellspring of law.

4. Protection of Rights:

The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organizations or fellow citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people.

 5. Guardian of the Constitution:

The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose, the judiciary can conduct a judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary and it becomes invalid for the future. This power of the court is called the power of judicial review.

Importance of Independent Judiciary:

In the life of the citizens of a state, Judiciary is a source of confidence and fearlessness. The common man depends upon the judiciary for getting justice. Without the security of rights and freedom guaranteed by the judiciary, they cannot really hope to carry out their jobs and enjoy their living. They are more dependent upon the judiciary than the legislature and the executive. Without judicial protection, their lives can become miserable. From the citizens' point of view, Judiciary is the most important organ of the government.

Garner highlights this view when he observes, “A society without legislature is conceivable, and indeed, legislative organs did not make their appearance in the state until modern times, but a civilized state without a judicial organ and machinery is hardly conceivable.” For more information visit: www.ziajudicials.com

Rights Every Indian Should Know

1) As per Hindu Adoption and Maintenance Act of 1956, wedded couples can't adopt two children of same sex.

2) A woman can lodge a complaint via an email or registered post to Deputy Commissioner or Commissioner of Police if she is unable to go to police station. 3) As indicated by Indian Sarais Act, 1867 any individual can request water complimentary from any hotel whenever for themselves and their pets. Besides, the individual in question can utilize the washroom for free, and nobody can stop them.

4) While buying immovable property (like land or flat) - Giving a public notice in the newspaper is a must. It doesn't matter which one. It need not be English. Any state language also will do and any paper with some circulation will do. This Public notice is the thing that secures your interest in the courtroom on the off chance that you face any lawsuit with respect to your acquired property. 5) Under Section 14 of the Hindu Marriage Act 1955, a couple cannot register a petition for divorce within a year of marriage. However, if the court feels that the petitioner is experiencing immense problems then the former can permit the latter to file for divorce. 6) A lot of us are unaware that household LPG buyers are qualified for a front of Rs.40 lakh if there should be an occurrence of death toll or harm to property because of cylinder blasts. 7) Live-in relationships are not unlawful in India. It is lawful for any two consenting grown-ups have the freedom to live respectively without marriage if they wish to. Likewise, children born of union are qualified for legacy rights. 8) Article 39 (A) of Constitution of India grants equal pay to men and women at their work places. 9) Giver and taker of bribe could serve 6-7 years of jail time. 10) Only female officers can accompany ladies to the police station. Not exclusively do male officials reserve no privilege to accompany a lady however she can refuse to go to the police station between 6 pm to 6 am. In case of a serious crime, a written grant from the magistrate is required for male officers to accompany her.

FAST TRACK COURTS

4.2007, Hon’ble Mr. Justice K. G. Balakrishnan, CJI, expressed the view that these courts have been quite successful in reducing the arrears. Most of the criminal cases in subordinate courts are pending at the level of Magistrates. Keeping in view The Eleventh Finance Commission recommended a scheme for creation of 1734 Fast Track Courts in the country for disposal of long pending Sessions and other cases. The Ministry of Finance, Government of India sanctioned an amount of Rs.502.90 crores as “special problem and upgradation grant” for judicial administration. The scheme was for a period of 5 years. Out of 18.46 lakh cases transferred to them, 10.66 lakh cases were disposed of by these courts at the end of the said scheme on 31.03.2005. Keeping in view the performance of Fast Track Courts and contribution made by them towards clearing the backlog, the scheme has been extended till 31.03.2010 with a provision of Rs. 509 crores as 100 percent central assistance.

In his address at a Joint Conference of Chief Ministers and Chief Justices, at Vigyan Bhawan, New Delhi on 08.0the performance of Fast Track Courts of Session Judges, the Government of India should formulate a similar scheme for setting up Fast Track Courts of Magistrates in each State, as recommended by the previous Conference of Chief Ministers and Chief Justices held on 11.03.2006. Similar views were expressed by Hon’ble Mr. Justice B. N. Agrawal, Judge, Supreme Court of India, on 01.08.2007 at the Lecture Series organized by the Supreme Court Bar Association.

In this era of globalization and rapid technological developments, which is affecting almost all economies and presenting new challenges and opportunities, judiciary cannot afford to lag behind and has to be fully prepared to meet the challenges of the age. It is heartening to note that use of information and communication technology in judiciary is growing despite various constraints. Day-to-day management of courts at all levels can be simplified and improved through use of technology including availability of case-law and meeting administrative requirements. Congestion in court complex can also be substantially reduced through electronic dissemination of information. The objectives that can be achieved through use of technology include transparency of information, streamlining of judicial administration and reduction of cost.

Increase in the number of judicial officers will have to be accompanied by proportionate increase in the number of court rooms. The existing court buildings are grossly inadequate to meet even the existing requirements and their condition particularly in small towns and moffusils is pathetic. A visit to one of these courts would reveal the space constraints being faced by them, overcrowding of lawyers and litigants, lack of basic amenities such as regular water and electric supply and the unhygienic and insanitary conditions prevailing therein. The National Commission to review the working of the Constitution noted that judicial administration in the country suffers from deficiencies due to lack of proper planned and adequate financial support for establishing more courts and providing them with adequate infrastructure. It is, therefore, necessary to phase out the old and outdated court buildings, replace them by standardized modern court buildings coupled with addition of more court rooms to the existing buildings and more court complexes.

So, we can finally say that the paramount purpose of speedy trial is to safeguard the innocents from undue punishments but prolonged pendency has created an unmountable barrier in that. Huge no. of cases is pending for years together which creates mental and economic pressure on litigants. In hussainara khatoon v. State of Bihar which formed the basis of the concept of the Speedy Trial, it was held that where undertrial prisoners have been in jail for duration longer than prescribed, if convicted, their detention in jail is totally unjustified and in violation to fundamental rights under article 21. Inordinate delays violates article 21 of the constitution: for more than 11 yrs the trial is pending without any progress for no faults of the accused-petitioner. Expeditious rights is a basic right to everybody and cannot be trampled upon unless any of the parties can be accused of the delay. Delay in trial unnecessarily confers a right upon the accused to apply for bail. Under sec. 482 read with 483, Cr. P.C lays that every possible measure to be taken to dispose off the case within 6months from today. No adjournments to be granted until and unless circumstances are beyond the control of judiciary. It is the responsibility of the judiciary to keep a check on under trial prisoners and bring them to trial. Overcrowded courts, inadequate resources, fiscal deficiency cannot be the reasons for deprivation of a person. In cases relating corruption, judiciary should deal with it swiftly and dispose the case as fast as possible.

Judiciary System in India

The Judicial System of India is basically comprising of three kinds of courts :-

1) The Supreme Court

2) The High Courts

3) The subordinate courts

The present Judicial system of India is being made powerful through the Constitution of India. The effective rules and regulations are made of the Constitution and different laws and guideline organized mainly upon the premise of British Law with the extemporized form appropriate for India.

These rules and regulations alongside the Constitution are rudimentary in fixing the composition, jurisdiction and intensity of the individual courts. The details below will highlight the features and the roles of the three types of courts so far the judicial system of India is concerned.

Supreme Court of India

Under the constitution of India, the supreme court is the final court of appeal. Henceforth has the chief justice of India, including 30 judges and other judges for advisory jurisdiction. Unsolved or still in dispute cases are leveled up to Supreme court to reattain justice. If the supreme court declares a law it is binding on all other courts of all States and Union territory. Every court building has 15 courtrooms. The Eligibility to become a Chief justice is:

-The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.

-A distinguished judge in the opinion of the President of India.

-Judiciary system

High Court of India

Under the constitution of India, each state should respect to one high court. Mumbai high court is the most oldest high court in India. Each High court has 94 judges out of which 71 are permanent and 23 are extra judges. High court deals with economic issues and legal documentation. These courts also have an additional set of legal professionals. The Eligibility for a high court judge is:

-He should be a citizen of India.

-An advocate should have at least 10 years of practice in any court.

-Judiciary system

District Court of India

Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court. District courts are established according to the population distribution of the district and state. It looks after the Civil and criminal matters of the district. A law announced by the district court is appropriate to every single subordinate court. Since District court is at a higher level. The Eligibility for judge in district court is:

-He should be a citizen of India

-An advocate should have at least 7 years of practice.

For more information Visit: www.ziajudicials.com

                 History of Indian Judiciary

India has a single unified and integrated judicial system and Supreme Court of India is at the apex court of the Indian judicial system. Judiciary plays an important role as an organ of the government. It settles disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution.

During ancient times, the concept of justice was inextricably linked with religion and was embedded in the ascriptive norms of socially stratified caste groups. Most of the Kings’ courts dispensed justice according to ‘dharma’, a set of eternal laws rested upon the individual duty to be a performer in four stages of life (ashrama) and status of the individual according to his status (varna). In medieval times, the dictum ‘King can do no wrong’ was applied and the King arrogated to himself an important role in administering justice. He became the apostle of justice and so the highest judge in the kingdom. With the advent of the British colonial administration, India witnessed a judicial system introduced on the basis of Anglo-Saxon jurisprudence.

History of the Higher Judiciary Appointment Process

The Sapru committee’s the report, published in 1945, considered the question of the judiciary in some detail, reiterating what the Government of India Act 1935 had set out.: there would be a Federal Court of India which would be the forerunner to the Supreme Court. To separate the judiciary from the executive, the Sapru committee suggested that judges should have fixed salaries and tenures and that they could only be removed for gross misbehavior. Judges were to be appointed by the president, in consultation with the CJI. The committee appointed to deal with judicial questions as part of the Constituent Assembly in 1946 was influenced by the Sapru report, though there was concern over the degree of power is given to presidential will. Nehru However supported the Sapru Committee's suggestions. In 1949, Nehru told the Constituent Assembly judges ought to be individuals of “the highest integrity,” who could “stand up against the executive government, and whoever may come in their way.” BR Ambedkar emphasized the need for judicial independence as well, saying that: “There can be no difference of opinion in the House that our judiciary must both be independent of the executive and must also be competent in itself.” Finally, the constitution stated that “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose,” given that “in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted Courts.

Supreme Court of India: The supreme court is the highest court of the country or nation, which is established by the Constitution. According to it, the Supreme The court is a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution lay down the composition and jurisdiction of the Court. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of serious human rights violations or any petition filed under Article 32 which is the right to constitutional remedies or if a case involves a serious issue that needs immediate resolution. It had its inaugural sitting on 26 January 1950, the day India's constitution came into force, and since then has delivered more than 24,000 reported judgments.

The Supreme Court comprises the Chief Justice and 30 other Judges.

The proceedings of the Supreme Court are conducted in English only. The Supreme Court Rules of 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court. The same is amended and presently governed by the Supreme Court Rules of 2013.

High Courts: The high courts are the principal civil courts of original jurisdiction in each state and union territory. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or federal law.

However, the work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Article 226 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. The precise territorial jurisdiction of each high court is different. The appeal order is the following: tehsil-kotwal-criminal/civil courts → district court → high court → supreme court.

District Courts: The District courts of India is established by the State governments of India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. These courts are under the administrative control of the High courts of the State to which the district concerned belongs. The decisions of District court are subject to the appellate jurisdiction of the concerned High court.

The district the court is presided over by one District Judge appointed by the State Government. In addition to the district judge, there may be a number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court. The district judge is also called "Metropolitan session judge" when he is presiding over a district court in a city which is designated "Metropolitan area" by the state Government. The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order), are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending order), are, Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.In addition 'Family Courts" are established to deal with matrimonial disputes alone. The Principal judge of family court is equivalent to District Judge.

Subordinate Courts: Subordinate courts are also known as village courts, Lok Adalat (people's court) or Nyaya panchayat  (justice of the villages) compose a system of alternative dispute resolution. They were recognized through the 1888 Madras Village Court Act, then developed (after 1935) in various provinces and (after 1947) Indian states. The model from the Gujarat State (with a judge and two assessors) was used from the 1970s onwards. In 1984 the Law Commission recommended creating Panchayats in rural areas with laymen ("having educational attainments"). The 2008 Gram Nyayalayas Act had foreseen 5,000 mobile courts in the country for judging petty civil (property cases) and criminal (up to 2 years of prison) cases. However, the Act has not been enforced properly, with only 151 functional Gram Nyayalayas in the country (as of May 2012) against a target of 5000 such courts. The major reasons behind the non-enforcement include financial constraints, the reluctance of lawyers, police and other government officials.

Importance For Indian Constitution

As we all know that constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. And, Indian Constitution is the World's lengthiest written constitution had 395 articles in 22 parts and 8 schedules at the time of commencement. Now the Constitution of India has 448 articles in 25 parts and 12 schedules. There are 103 amendments have been made in the Indian constitution so far.

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens.

Rigidity and Flexibility

The Indian constitution is a combination of rigidity and flexibility, which means some parts of it can be amended by the Parliament by a simple majority, whereas some parts require a two-thirds majority as well as not less than one-half of the state legislatures.

Parliamentary System of Government

The Indian constitution provides for a parliamentary system of government, i.e., the real executive power rests with the council of ministers and the President is only a nominal ruler (Article 74).

Federal System with a Unitary Bias

The Indian constitution described India as a 'Union of States' (Article 1), which implies that Indian federation is not the result of any agreement among the units and the units cannot secede from it.

Fundamental Rights and Fundamental Duties

The Indian constitution provides an elaborate list of Fundamental Rights to the citizens of India, which cannot be taken away or abridged by any law made by the states (Article 12–35). Similarly, the constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties (Article 51A).

Directive Principles of State Policy

The Indian constitution mentions certain Directive Principles of State Policy(Article 36–51) which that government has to keep in mind while formulating a new policy.

Secularism

The constitution makes India a secular state by detaching from religious dogmas (Forty-second Amendment).

Independent judiciary

The constitution provides an independent judiciary (Article 76) which ensures that the government is carried on in accordance with the provisions of the constitution and acts as a guardian of the liberties and fundamental rights of the citizens.

Single Citizenship

The Indian constitution provides single citizenship for all the people residing in different parts of the country and there is no separate citizenship for the states (Article 5–11).

Bicameral Legislatures

The Indian constitution provides bicameral legislatures at center consisting of Rajya Sabha (Council of States) and Lok Sabha (House of the People)(Article 79).

Emergency Powers

The constitution vests extraordinary powers, known as Emergency Powers in the President during emergencies out of armed rebellion or external aggression or due to failure of constitutional machinery in the state (Article 352–360).

Special Provisions for Minorities

The constitution makes special provisions for minorities, Scheduled caste, Scheduled Tribes, etc. by granting them certain special rights and provisions.

Basically, those are some of the interesting features of the Indian constitution. Moreover, the constitution also has many other features such as, Panchayati Raj, Rule of Law, Provisions for Independent Bodies, etc. which are very unique in nature.