What is the power of the State Government to alter functions allocated to Judicial and Executive Magistrates in certain cases?

Question: What is the power of the State Government to alter functions allocated to Judicial and Executive Magistrates in certain cases?

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Answer

Code of Criminal Procedure prescribes the provision regarding the power of the state government to alter functions allocated to the Executive Magistrate in certain cases. Section 478 runs down as below:

“If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 108, 109, 110, 145, and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.”

This provision confers on the State Government’s power to alter the functions of the Judicial Magistrates and Executive Magistrates regarding the security proceedings under sections 108, 109, and 110 and disputes regarding immoveable properties under sections 145 and 147, respectively. Two safeguards are provided in this respect:

• the initial decision to alter the arrangement has to be taken by the Legislature and after the same is done;
• the State Government should consult the High Court.

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