The scope of the type of cases (Jurisdiction) of the Judge depends on the type and level of the Court for which he is a presiding officer. Section 2(9) of Code of Civil Procedure, 1908 defines a 'Judge' as 'the presiding officer of a Civil Court'.
He is always considered superior to an advocate because he represents the Justice.
He always should respect the court proceedings and follow 'judicial ethics'.
He should not show bias to any advocate. He should not show his personal views, sentiments, religious beliefs, habits etc. in his conduct.
Judges are collectively called a Bench. The term also refers to the Judge's seat in the court-hall.
- Knowledge: An advocate can reject taking up a case citing it is not in the domain of his specialty. However a judge cannot reject a case that comes to him citing lack of knowledge in the specialization of the case. A Judge must always work hard and get proficiency in all subjects of law.
- Ignorance or lack of knowledge effects the entire administration of justice of that court and effects Bar-Bench relationship.
Under the Judicial Officers Protection Act, 1850, no Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially, can be sued in any Court for any act done by him in the discharge of his judicial duty, whether or not within he limits of his jurisdiction, provided that he, at the time, in good faith, believed himself to have jurisdiction to do the act complained of.
Recruitment of Judges
At the lowest level, Judges are recruited using an examination conducted for the purpose. A minimum standing as an Advocate is a per-requisite to appear for the examination. The period of standing is calculated from the date of enrollment to the Bar Council.
Over time, these Magistrates / Judges are promoted to become Subordinate Judge. Subordinate Judge would be promoted to become a District Judge.
Judges are once upon a time Advocates.
- A Chief Judicial Magistrate in India may not pass a death sentence.
- In some countries, such as in the United States, Judges might have strong ties with political activities. This is because, in some case it will appear that it is the political influence that lead to the appointment of certain judges.
Related Cases /Recent Cases / Case Law
- Commissioners of Taxation v English Scottish and Australian Bank Ltd., AIR 1920 PC 88 at p. 91: The question of negligence is one of fact and that a finding by a Judge is not liable to be interfered with unless it is not supported by any evidence.
- S D Joshi vs High Court of Bombay (2011) 1 SCC 252, para 62: Judges are not employees of the State. As members of the judiciary, they exercise sovereign judicial powers of the State. The Judges, at whatever level they may be, represent the State and its authority unlike the bureaucracy or the members of other services.
- C Ravichandran Iyer vs Justice AM Bhattacharjee (1995) 5 SCC 457: The Supreme Court discussed at length and has laid down several principle and guidelines in regard to Bar-Bench relations.
- Satyendra Narain Singh and others vs Ram Nath Singh and others, AIR 1984 SC 1755: When a case of a Advocate Son came before a Judge Father, the Advocate-Son withdrew from the case. The Supreme Court felt that the advocate son, rather than the judge father, withdraws from the case.
- Pankajakshi (Dead) through LRS and Others v Chandrika and Others, Civil Appeal Jurisdiction, Civil Appeal No 201 of 2005, Supreme Court of India judgement dated February 25, 2016
Related Acts / Legislation / Statute
- Advocates Act, 1961
- Contempt of Courts Act, 1971
- Article 5 of French Civil Code: Judges are forbidden to decide cases submitted to them by way of general and regulatory provisions.