Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:
Which of the following statement (s) is/are correct in respect of the different systems of law followed in different jurisdictions of the world?
Options:
India follows a 'civil law' system like UK.
Under Common Law, only the legislature or executive has the power to create laws and rules.
Under Civil law, judiciary can make laws through judicial decisions of courts
None of the above
Correct Answer:
None of the above
Explanation:
Taking its precedence from the British tradition of 'common law', India has adopted a similar model. Under this scheme of the common law system, the decisions, orders and judgments developed by the judges in India help in the creation and development of laws and legal principles, which becomes binding precedents for all subordinate courts in the hierarchy. Therefore, courts play a vital role in creating laws, especially where gaps in law exist, and the legislature or executive have failed to enact laws. Thus, apart from administering civil and criminal justice, courts and judges serve a vital function in the federal set up of the country. Opposed to this model, is a concept of civil law system followed in countries such as Germany, Russia, and Continental Europe. The main difference between common and civil law is with respect to the source of law. Under common law, judiciary can make laws through judicial decisions of courts; however under civil law, only the legislature or executive has the power to create laws and rules. This salient feature of Indian judiciary in following a common law model further strengthens the role of courts in India.