- All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.
- The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.
Simplified Explanation:
Section 23 of the Code of Criminal Procedure (CrPC), 1973, addresses the appointment of Executive Magistrates by the Central Government in certain cases. This provision is especially relevant for areas under the direct administration of the Central Government or in situations where the Central Government deems it necessary to exercise its authority to maintain law and order. Here’s a detailed breakdown:
- Appointment by Central Government: This section empowers the Central Government to appoint Executive Magistrates in railways, airports, and any other area under its direct control. The appointment is aimed at ensuring the maintenance of law and order within these jurisdictions, which might not fall within the direct purview of any single State Government due to their national significance or strategic importance.
- Powers and Duties: The Executive Magistrates appointed by the Central Government have the same powers and duties as those appointed by the State Governments in their respective local jurisdictions. This includes the authority to issue orders in the interest of public order and safety, oversee the enforcement of laws, and take preventive measures as necessary.
- Jurisdiction: The jurisdiction of Executive Magistrates appointed under this section is typically confined to the specific area or domain for which they are appointed. For instance, an Executive Magistrate appointed for a railway zone would have authority over matters about law and order within that particular railway zone.
- Objective: The primary aim of this provision is to ensure that areas of national interest or those under central administration are adequately policed and governed, particularly in terms of law and order. It recognizes the need for a specialized administrative mechanism to address the unique challenges presented by such areas, which may transcend individual states’ boundaries and jurisdictional competencies.
- Significance: Section 23 underscores the Central Government’s role in maintaining law and order in areas of national importance or those under its direct administration. It provides a legal framework for appointing Executive Magistrates by the Central Government, ensuring that there is no administrative vacuum in the governance of these areas.
In summary, Section 23 of the CrPC allows for a seamless extension of executive magisterial powers into areas under central jurisdiction, ensuring that the central authority can effectively maintain law and order in places of national significance or those requiring a centralised administration approach.
