EXECUTIVE MAGISTRATES’ POWER TO MAINTAIN LAW AND ORDER

Abstract

The constitution recognises that the judiciary has to be separated from the executive; based on the principle that an autonomous judiciary may better administer justice. This separation is also recognised in the Code of Criminal Procedure, which provides for two types of magistrates. The Executive Magistrate, as the name suggests is not concerned with judicial functions per se, but police and administrative functions. The focus of this article is powers of the Executive Magistrate in discharging the function of maintaining law and order. Maintaining of law and order is wide term encompassing a multitude of facts and circumstances. Therefore, to deal with such a multitude of facts and circumstances, vesting of wide powers may be a necessary evil. However, inherent limitations on such powers have been incorporated, as exercise of such powers can have severe effects on personal liberty and affect the rights of persons. In this context, this article systematically analyses the powers – of safe keeping for preserving peace, dispersal of unlawful assemblies, removing nuisance and apprehended threat; under the overarching umbrella of maintaining law and order. Relevant criminal law and constitutional principles have been highlighted at appropriate sections as well.