The Judiciary all around the world is playing an important role in protecting the rights of the citizens and maintaining order and law. Every country has its own judicial system which helps the legislature in interpreting and implementing the laws recommended by it. Judge and Justice are a part of the judiciary helping it to function in the best possible way.
Judge vs Justice
The main difference between judge and justice is that judges are individuals who after finishing the Law degree are appointed as judges and they get the power to give a verdict on Legal matters, whereas justice reviews a case that has been already heard and also has the authority of changing the verdict.
Judges function at subordinate level courts, the judges were initially licensed attorneys who have completed their law degree and have practiced law for at least 5 years. The duty of the judges is to preside over trials and hear arguments in civil and criminal cases.
Justices are individuals appointed or elected in the High court or Supreme court. Justices do not hear the original case but review the paperwork and files of the already heard cases and make a decision. Justice may have a law degree or may not have one. He also has the power to officiate weddings and witness legal documents.
Comparison Table Between Judge and Justice
| Parameters of Comparison | Judge | Justice |
| Educational Qualification | A judge needs to have a Law degree and must have practiced law for at least five years before he is appointed as a Judge. | An individual need not have a law degree to become a Justice, there is no specific qualification required. |
| Definition | A judge is an individual who presides over a subordinate court to give judgment on various civil and criminal cases. | Justice is an individual who is either an elected official of the Supreme court or any other court performing another duty. |
| Appointment | A judge is appointed by the executive branch or is appointed due to seniority after completing 5 years as an Attorney. | Justice is a person who has been elected by the governor or the Parliament depending on the court he is appointed to. |
| Responsibility | A judge presides over legal proceedings and gives a verdict regarding the whole issue. | Justice reviews and eyewitnesses legal documents and also officiates weddings. |
| Member | A judge is a member of a subordinate court. | Justice is an official of the High court or Supreme court. |
Who is a Judge?
A judge can be referred to as a public officer who is appointed to preside over various cases and administer the law in the courtroom. A judge determines whether the accused is guilty or is innocent as per the constitution and the law of the state. He takes into consideration all the witnesses and evidence before arriving at any conclusion.
The main duties of a judge are to listen to allegations of both sides, hear witness statements, make the defendant aware of his rights, direct the jury, and question the witness. A judge is expected to have logic and reasoning skills, legal knowledge, and excellent mediation skills.
The major power which a judge possesses is the power to interpret and apply the existing law. In the British era, the Indian judicial system was managed by civil servants who were also called magistrates or Collectors. In India, the judges of the lower court are appointed by the Governor of the state, while the judges of the High court and the Supreme court are appointed to office by the President.
In most countries, the Ministry of Law and Justice brings to notice every issue and reform related to the salary, retirement, and power of judges in the Parliament.
Who is a Justice?
Justice is an individual who may or may not possess a Law degree, this is because he does not have to work over the legal proceedings. He is allowed to officiate marriages and preside over any legal document. The word justice has been derived from the old French word ‘Justitia’.
In the United States, the President nominates people for the post of Justice, and then the Senate votes for the appointment of Justice through a simple majority system. This method is used so that both the wings- legislature and executive have a stake in the employment of the Justice.
There is also a Chief Justice who is the head of the Judiciary of a country. In all the countries the Chief justice is appointed by the President and can also be removed from office by him. In the lower courts, the Justice works alone but in the High Court and the Supreme Court, there is a bench of justices formed which may be a group of 3, 5, and 7 depending on the importance of the case.
Main Differences Between Judge and Justice
- The judges handle and give their verdict in the lower-level courts, whereas Justices work and deliver their services in State Appeals Courts and the Supreme Court.
- The word Judge is derived from French word ‘jugier’, whereas Justice is derived from ‘justitia’.
- Judges are appointed by the executive wing of government, while Justice is appointed by the President at Centre level and governor at State level.
- Judge has the power of giving a verdict on various civil and criminal cases whereas Justices can review the cases and even change the decision of the judges.
- A judge need to have a Law degree and must have worked for minimum 5 years as an attorney, whereas an individual need not to have any specific degree for becoming a justice.
Conclusion
The Judiciary is a vital part of a country and it plays an important role in protecting the rights of its citizens and giving its verdict and advice on various issues and Constitutional matters. Both judges and justices are a distinctive part of the Judiciary.
Judges and Justices might appear to perform the same roles but they go through a completely different appointment process and have distinct responsibilities and authority. They help in maintaining order and peace all across the country.
The qualification of both of them are not the same, they both are vital in the functioning and successful existence of the Judicial system and the nation as a whole.
References
- https://www.oxfordhandbooks.com/abstract/10.1093/oxfordhb/9780199204540.001.0001/oxfordhb-9780199204540-e-8
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/pnlr154§ion=52