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Difference Between Judge and Justice
Judge and justice are the two most commonly used terms in everyday life, as they head the judicial system and their decisions make headlines in the news every day. Although they both seem similar to each other as they are the presiding judicial officers of their courts, there is a contrasting difference between the two that sets them apart from each other altogether.
Additionally, the concept of the presiding officer of a court has existed for centuries; however, the distinction between different courts on the basis of their jurisdiction and hierarchy is a modern phenomenon that makes an essential distinction between the judge and justice. Lastly, all the justices are judges, not vice versa.
Who is a Judge?
Judge is the designation that recognizes the presiding officer of a court, and it is presently used for references in the subordinate judiciary, which includes all the district courts. A judge is usually appointed by the governor after consulting the high court, and there are two methods of their nomination. The judges can either be chosen from the judicial services or from advocates who have been practicing for more than seven years.
The judges are basically entrusted with the function of conducting trials and resolving disputes among the parties based on facts and laws. Though their decisions are final and binding, they can nevertheless be challenged in the superior court.
Who is a Justice?
Justice is a title and designation that is conferred on the presiding officer of a superior court, which includes the High Court and the Supreme Court. A justice is appointed by the president on the recommendation of the collegium (a group of five seniormost judges of the Supreme Court, including the CJI), which is binding. The justices can either be drawn from the district judiciary or from advocates who have been practicing in the High Court or Supreme Court for more than fifteen years. The justices are the judges of the superior courts.
Therefore, they can change or overrule a decision or judgment of a lower court; however, many times the jurisdictions of the High Court and Supreme Court run concurrently. Despite this, the decisions of the High Court are not binding on the Supreme Court, though they do have persuasive value.
Difference between a Judge and Justice
The given table illustrates the major differences between a judge and a justice −
Basis |
Judge |
Justice |
|---|---|---|
Court |
Judge is the presiding officer of a lower court. |
Justice is the presiding officer of a higher court. |
Jurisdiction |
A Judge’s jurisdiction is limited by the local territorial limits of its Court and also on the basis of its subject matter and pecuniary ceiling. |
A High Court Justice’s jurisdiction is limited to the territories of its concerned court however Supreme Court jurisdiction extends to the whole territory of India. |
Appointing Authority |
Governor |
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 Supreme Court appointment. |
Proceedings |
A trial or a full-fledged proceeding is conducted for arriving at a decision including examination of witnesses and presentation of evidence. |
A simple proceeding is conducted in which the advocates for both sides present their arguments and the Judge delivers a verdict. |
Appellate Authority |
District Judge, High Court and Supreme Court. |
High Court and Supreme Court Justices. |
Contempt Of Court |
The district judges do not have power to take cognizance of its contempt; instead, it’s the High Court which takes actions for them. |
Both the High Court and Supreme Court Justices have the power to take cognizance of their own contempt and as well as of the Court. Though they themselves do not preside in their own contempt proceedings. |
Scope Of Power |
Their powers including the discretionary power is limited by statutory provisions. |
They are entrusted with ample powers in the name of inherent powers for the administration of 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. |
Retirement Age |
60 Years for district judges. |
62 Years for High Court Justices and 65 Years for Supreme Court Justices. |
Conclusion
The presiding officer of a court, irrespective of whether it’s a lower court or a higher court, is entrusted with the sacred function of administering justice to each and every individual in society so as to maintain law and order. The hierarchy is essential for the efficiency of the entire judicial system; however, it cannot be a determining factor in the quality and credibility of the person performing the duty.
Frequently Asked Questions
Is every judge called as a justice?
Within state courts, individuals who serve on the highest appellate court are also referred to as justices, while those who serve on lower courts are referred to as judges.
Who will know as a judge in layman’s language?
When there was a quarrel between the siblings, their father always took the position of judge. Referee, umpire, magistrate, and arbitrator are all examples of official titles.
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