Separation Of Judiciary From Executive

If executive and judicial powers are placed in the same hands’, the result will be arbitrariness in administration and denial of justice. Exercise of judicial powers by Executive Magistrates is wrong, because Executive Magistrates will have ‘departmental. mind’ and not ‘judicial mind’ and they will be influenced by political pressures. They are unlikely to be independent and impartial. During the British rule, the same persons enjoyed both executive and judicial powers: It was a bad system and the people of India, who suffered as a result of this, were against this system. Thus it was not a surprise that the framers of our constitution recommended separation of judiciary from executive. Article 50 of the constitution says, “The state shall take steps to separate the judiciary from the executive in the public services of the state.” In most of the states of India, the separation of judiciary from the executive has taken place. Now the Judicial Magistrates are different from the Executive Magistrates in a district. This separation has been effected to make the judiciary independent and impartial.

The Judicial Magistrates in a district are under the control of the High Court while the Executive Magistrates are under the control of the state government. The Executive Magistrates have only preventive powers in relation to law and order. They try to prevent commission of offence, to disperse unlawful assembly and to open fire at a violent mob. They have no power to try criminal cases; this is done by Judicial Magistrates.

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