Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Read the following passage and answer the questions.

"The Constitution of India lays out the frameworks of Indian judicial system. India has adopted a federal system of government which distributes the law enacting power between the Centre and State. Yet the Constitution establishes a single integrated system of judiciary comprising courts to administer both Central and State laws. The Supreme Court located in New Delhi is the apex court of India. It is followed by various High Courts at State level, which are followed by district and sub-ordinate courts."

Which of the following is NOT a salient feature of the Indian judiciary?

Options:

It is based on common law system (eg. UK)

Decisions/Judgements of courts have precedential value for sub-ordinate courts

They administer both civil and criminal justice

It is based on civil law system (eg. US, Germany)

Correct Answer:

It is based on civil law system (eg. US, Germany)

Explanation:

The correct answer is Option (4) → It is based on civil law system (eg. US, Germany)

The statement "It is based on civil law system" is incorrect because India's judiciary, which follows the common law tradition. 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.

Explanation:

  • The Indian judiciary is primarily based on the common law system inherited from the UK, where legal decisions are based on precedents set by courts (i.e., judicial rulings form a significant source of law).

  • Decisions/Judgements of courts have precedential value for sub-ordinate courts: This is true because the principle of stare decisis (following precedents) is a hallmark of the common law system.

  • They administer both civil and criminal justice: This is also true, as Indian courts handle cases related to both civil matters (e.g., property disputes) and criminal matters (e.g., criminal offenses).