Leading World as a Magistrate
A Magistrate is a judicial officer or judge who ca
n enforce laws in their local territory. A magistrate is basically a state- level judicial officer who undermines and presides over all the laws in his/ her local territory but to a certain extent. It is one of the most idolized positions. Youngsters are passionate about this position. It is being referred as a most privileged position in the Indian Constitution. It is one of the best fields for anyone who is interested in criminal justice. The basic nature of work of these officials is to execute the laws, interpreting them and lately implementation of the laws.
It is not an easy profession as it requires the pure dedication and full determination of an individual. No such formal qualification and legal trainings are required for this field. It is one of the challenging profession which requires high sense of duty and commitment and fulfillment. To face such challenges in this job, one should have high sense of discipline, decision making ability, analytical and more importantly should be self-confident. Financial and social gains are also attached to this job as high perks and remuneration is involved.
Classification of Magistrates in India:
In India there are four categories of Magistrates in India. It is classified according to the Criminal Procedure Code, 1973. It stipulates that in each sessions district, there shall be:
- A Chief Judicial Magistrate: He/she is can try out the criminal cases.
- Judicial Magistrates First Class: He/she can sentence a person to jail for upto 3 years and impose fine upto Rs. 10,000.
- Judicial Magistrates Second Class: He/she can sentence a person to jail for upto 1 year and fine upto Rs. 3000.
- Executive Magistrates: He/she can hear the trials in the types of cases listed in the schedule of the Criminal Procedure Code.
Criteria and Procedure for Appointment:
- Age:Not more than 21 years and maximum age limit is 35 years.
- Educational Qualification:Must have 55% marks in law graduate degree from a recognized University.
Basic Procedure to apply for Magistrate:
- Candidate shall not have been convicted of any misdemeanor.
- Some of the basic requirements are voter registration and state citizenship.
- You'll also go through the basic police records check.
Nature of Appointment:
- Voluntary and compulsory retirement ages.
- Extension beyond retirement ages
- Fixed- Term appointments
- Probationary appointments.
Range of Judicial Functions:
- Creation of special categories of Magistrates like licensing magistrates, industrial magistrates, children's court magistrates and so on.
- Relationship between the various courts and the offices constituted by Magistrates.
Who qualifies to be a Magistrate can go for further positions:
Person who qualifies in the Law service commission or state public service commission is eligible for Magistrate and sub- Magistrate (munsif). A Magistrate presides over criminal court while a munsif delivers judgment on civil cases.
Promotion may take to you on higher positions up to sub- judge, District and session courts judge. These promotions are based on the seniority and availability of vacancy in High Courts and the Supreme Court.
Career Prospects of a Magistrate:
- To practice Law as a profession, one should enroll with the local State Central Bar council and get self registered to attain license for practice.
- One can also work as a legal counsel or legal advisor for organizations.
- Opportunities do exist in the defense services.
Source: Shiksha Team
Date: 1st November, 2010
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