Difference between Judge and Justice
Are you interested to know the difference between the terms “Judge” and “Justice”? Generally, these types of questions are being asked in Judiciary Examinations. Judiciary Aspirants must be aware not only of this question but also answer. Here we state some points regarding these terms so that you may be well informed.
- Judge and justice are the two most frequently used terms in daily life. They are the leaders of the judicial system and their decisions are frequently featured in the news. However, there is a clear distinction between the two that distinguishes them from one another, despite the fact that they are both the presiding judicial officers of their respective courts.
- Furthermore, the notion of the presiding officer of a court has been in existence for centuries; however, the modern phenomenon of distinguishing between various courts based on their jurisdiction and hierarchy is a critical distinction between the judge and justice. Finally, it is the judges who are the authorities, not the other way around.
Who is a Judge?
A judge is a person who is in charge of a trial in a court and decides how a person who is guilty of a crime should be punished. He also makes decisions on legal matters.
The term “judge” is currently employed to refer to the presiding officer of a court in the subordinate judiciary, which encompasses all district courts. The governor typically appoints a judge after consulting the high court, and there are two methods of nominating a judge. Advocates who have been practicing for over seven years may be selected as judges, or they may be selected from the judicial services via competitive examination by it respective state commission or High Courts.
The judges are primarily responsible for conducting trials and resolving disputes between the parties on the basis of facts and laws. Despite the fact that their decisions are final and binding, they may still be contested in the superior court.
Who is a Justice?
The presiding officer of a superior court, which encompasses the High Court and the Supreme Court, is granted the title and designation of justice. The president appoints a justice based on the collegium’s recommendation, which is binding. The collegium is a group of five seniormost judges of the Supreme Court, including the Chief Justice of India. The justices may be selected from the district judiciary or from advocates who have been litigating in the High Court or Supreme Court for a minimum of fifteen years. The judges of the superior tribunals are known as the justices.
Consequently, they have the authority to modify or overturn a decision or judgment of a subordinate court; however, the High Court and Supreme Court frequently operate concurrently. In spite of this, the decisions of the High Court are not legally binding on the Supreme Court, despite their persuasive value.
Difference between a Judge and Justice
The below table depicts the major differences between the terms “judge” and “justice” –
|
Basis |
Judge | Justice |
| Court | Judge is the presiding officer of a lower court. | Justice is the presiding officer of a higher court. |
| Jurisdiction | The jurisdiction of a judge is bound by the local territorial boundaries of the court. It depends on the subject matter and pecuniary ceiling. | A High Court Justice’s jurisdiction is limited to the territories of its concerned state. On the other hand, the Supreme Court’s jurisdiction extends to the whole of India. |
| Appointing Authority | Governor or by Commission or High Court via Competitive Examination | President |
| Experience | 7 Years of practice although not mandatory for those who are selected from judicial examination. | 10 Years of Practice as an advocate before the higher court. A judge of the High Court for five years is eligible for the Supreme Court appointment. |
| Proceedings | The examination of witnesses and the presentation of evidence are all part of a trial or a full-fledged proceeding that is conducted by a judge to reach a decision. | The Judge renders a verdict after the advocates for both parties present their arguments in a straightforward proceeding. |
| Scope of Power | Statutory provisions restrict their discretionary authority. | In the name of inherent powers, they are granted extensive authority to administer absolute justice. |
| Binding Precedential Value | Judges are bound by the decisions of Justices. | High Court Justices are bound by Supreme Court decisions though not vice versa and Supreme Court decisions only have persuasive values for themselves. |
| Removal | Judges can be removed after conducting an inquiry on the recommendation of the High Court. Though the removal can be made a subject of appeal. | The process of impeachment as provided in the Constitution is followed for removal of a sitting Justice. The outcome of impeachment is final and binding. |
| Function | Judges decide the rights and liabilities of parties based on facts and laws. | Justices decide and interpret the laws while deciding the dispute involved. |
| Interpretation Power | Judge is only having the right to decide the given matter on the basis of the law already passed by the legislature. | Justice’s task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied.
Article 137 of the Constitution confers the right to interpretation of law. |
Conclusion
The sacrosanct responsibility of administering justice to all members of society in order to preserve law and order is entrusted to the presiding officer of a court, regardless of whether it is a lower or higher court. The credibility and quality of the individual performing the duty cannot be determined by the hierarchy, which is essential for the efficacy of the entire judicial system.
