The Indian Constitution has established _________.
- (a)independent judicial system
- (b)plural judicial system
- (c)dual judicial system
- (d)partial Judicial system
Answer
Why
Correct — A. The Constitution establishes an independent judicial system, and it does so through concrete protections rather than a declaration.
A judge is removable only by presidential order after each House passes an address by special majority. Salaries and allowances are charged on the Consolidated Fund of India, so Parliament does not vote on them.
A retired Supreme Court judge may not plead before any court in India, the courts may punish for their own contempt, and Article 121 bars Parliament from discussing a judge's conduct except on a removal motion.
Why the others are wrong
- (b)plural judicial system — Plural describes a system carrying several parallel bodies of personal law, not the court structure. India's courts form a single hierarchy whatever law they apply.
- (c)dual judicial system — Dual is the United States model, with federal and state court systems running side by side. India is federal but its judiciary is integrated, one pyramid under the Supreme Court.
- (d)partial Judicial system — Partial is not a description anyone uses of a judicial system, and it runs against the impartiality the Constitution's judicial provisions exist to secure.
Concept
India took a federal structure but a single, integrated judiciary — the clearest departure from the American federal model the Constituent Assembly studied.
The Supreme Court sits at the apex, the High Courts below it, the district and subordinate courts below them. One hierarchy enforces both Union and State law, so there is no separate set of federal courts.
Independence, in this scheme, is a set of mechanical safeguards over appointment, tenure, salary, conduct and post-retirement practice rather than a sentiment.
The blank has no other clue in it, so the item is really asking which adjective the textbooks attach to the Indian judiciary. Integrated and independent are both accurate descriptions, and only one of the two is on the option list.
Key facts
- India has a single integrated judiciary, with the Supreme Court at the apex and the High Courts below it.
- Judges' salaries and allowances are charged on the Consolidated Fund of India and are not voted on.
- Article 121 bars discussion in Parliament of a judge's conduct except on a motion for removal.
- Article 50, a Directive Principle, asks the State to separate the judiciary from the executive in the public services.
Study next
Common traps
- Choosing dual by analogy with the American federal court system
- Reading integrated and independent as alternatives when the Constitution provides both
SSC asks the judiciary both as a feature of the Constitution and as a borrowed idea. The source of the concept of independence of the judiciary is asked at 26 Sep 2024, 12:30, GA Q.17, and independent judiciary appears as an option in the 'not a feature of the Constitution' item at 18 Sep 2024, 12:30, GA Q.2.
Related PYQs
No directly related past PYQ was found.