Judiciary in India

Choose the Correct Answer

Correct Answer : Option b

Explanation
Unlike the American Constitution, the Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the high courts below it. Under a high court (and below the state level), there is a hierarchy of subordinate courts, that is, district courts and other lower courts. This single system of courts, adopted from the Government of India Act of 1935, enforces both Central laws as well as the state laws.

Statement a is not correct and b is correct: In the USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. There is thus a double system of courts in the USA–one for the centre and the other for the states.
To sum up, India, although a federal country like the USA, has a unified judiciary and one system of fundamental law and justice.

Statement c is not correct: The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935. However, the jurisdiction of the Supreme Court is greater than that of its predecessor. This is because the Supreme Court has replaced the British Privy Council as the highest court of appeal.

Statement d is not correct: Supreme Court in the Second Judges Case (1993)ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the chief justice of India. This convention was violated in 1973. It is followed as a convention and not mentioned in the supreme court.