Read the passage given below and answer the questions that follows. The adversarial system that the colonial era brought in, made access to justice difficult because it ended the era of informal dispute settlement prevalent in the Indian Society leaving aside the quality of justice dispensation in the indigenous mode. The Pre-British system was accessible as it was not technical or formal and was conducted in a language known to parties. The Supreme Court also observed that our judicature moulded by Anglo-American Models and our judicial process engineered by kindred legal technology compel the collaboration of lawyer - power or steering the wheels of equal justice under the law. |
Like India, UK has also adopted adversarial legal system. Under this legal system: |
the judge takes a centre stage in dispensing justice the judge decides the manner in which the evidence must be presented before the court less reliance is placed on cross-examination the parties develop their own theory of the case and general evidence |
the parties develop their own theory of the case and general evidence |
The correct answer is Option (4) → the parties develop their own theory of the case and general evidence In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims. The parties are assisted by their lawyers who take a pro-active role in delivering justice to the litigants. The lawyers gather evidence and even participate in cross-examination and scrutiny of evidence presented by the other disputing party. The role of the judge/decision maker is rather passive as the judge decides the claims based solely on the evidences and arguments presented by the parties and their lawyers |