There are various legal provisions are made in our Constitution of India so that the appointment of the Judges should be done in an impartial way.
Judicial Magistrate is the person who exercises the powers which are derived from the code of criminal procedure. In this article, you will get to know about how the judicial magistrate is appointed in India.
The high court of India is empowered to appoint the different judicial magistrates in the respective States. The public service commission of the state conducts the entrance exam for the recruitment of civil judge. Check Judiciary Exam Eligibility Criteria.
To become a civil judge the candidate should be a law graduate and the citizen of India.The exam is conducted in total of three stages in which the first stage is preliminary, the second stage is the mains exam and the third and final stage is the interview stage
The qualification criteria required for the recruitment of the judicial magistrate and the judges varies from state to state. The constitution of India allows each state government to notify the qualification criteria.
The student who has qualified in exam which is conducted by the Law Service Commission or State Public Service Commission will be held eligible for appointment as the Magistrate and Sub-Magistrate of Courts in India.
The judicial magistrate someone who in force The Lost within the jurisdiction. The judicial magistrate handles the cases which are related to the traffic violations, theft and small crimes.
There are various provisions are given in the constitution of India so that the Indian Judiciary can work independently and Efficiently. Check Upcoming Judiciary Exams.
There are four categories of the magistrates which are as follows
- A Chief Judicial Magistrate
- Judicial Magistrates First Class;
- Judicial Magistrates Second Class; and
- Executive Magistrates
Judicial Magistrates mostly handles criminal cases. A judicial magistrate first class can sentence a person to jail for up to three years and impose a fine of up to Rs. 5,000. A judicial magistrate second class can sentence a person to jail for up to one year and impose a fine of Rs 3000.
Executive Magistrates can set the bail amount for a person who is arrested on the orders of a court which are located outside of the local jurisdiction, so in this case to avoid the police custody that is depending on the terms of the warrant.
The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area. But, the Executive Magistrates can not try an accused person and neither can they pass verdicts for or against them.
The District and Sessions Judge hold their post in the highest court of the various districts. This Court is called the principal court of civil jurisdiction.
The persons which are appointed as a judge in the Court of India can also be taken higher to the position of sub-judge, District and Sessions Courts Judge.
The appointment of persons other than district judges to the judicial service of a Starbucks at made by the Governor of the State by rules and regulations which are made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction about such States.