Read the following passage and answer the question. The Indian legal system, entrenched in the convoluted synthesis of colonial precedents, customary jurisprudence, and post-independence statutory…
Question and options
Read the following passage and answer the question.
The Indian legal system, entrenched in the convoluted synthesis of colonial precedents, customary jurisprudence, and post-independence statutory enactments, is an intricate edifice. The Constitution of India, a monumental document of both legislative audacity and constitutional prudence, promulgates the framework within which the judiciary is obligated to dispense justice. Its quintessence lies in the juxtaposition of individual liberty and the collective good, an equilibrium that is often contested within the courts, given the pluralistic nature of Indian society.
Despite its resplendent theoretical robustness, the Indian judiciary is beset with a myriad of exigencies that stymie the efficacious delivery of justice. The protracted delay in adjudicating cases, the onerous procedural labyrinth, and the inadequacy of legal infrastructure are merely the surface manifestations of endemic systemic inefficiencies. Furthermore, the pervasive entanglement of political interests with the judicial apparatus casts a shadow over the supposed impartiality of the courts, thereby undermining the public’s trust in legal adjudication.
Compounding the situation is the inherent tension between statutory law and personal laws—religiously informed frameworks of governance that circumscribe familial, marital, and inheritance rights. This dichotomy between secular and religious legal domains often precipitates contradictions, wherein individuals find themselves ensnared within a patchwork of legal entitlements that are governed by disparate sets of rules. Such a state of legal pluralism raises poignant questions about the very essence of equality before the law, for the very notion of universal justice is obfuscated when legal outcomes are subject to the vicissitudes of religious affiliations.
Moreover, the rapid emergence of cybercrime and the globalisation of financial markets have introduced new paradigms of legal transgressions, necessitating the swift adaptation of India’s legal framework. However, the lag in legal reforms—manifested in the resistance to recalibrate antiquated laws—further exacerbates the challenges. Technological advancements, while promising efficiency, have introduced their own complex conundrums regarding privacy and surveillance, engendering an ongoing debate about the extent to which the law can regulate new-age realities without infringing upon fundamental freedoms.
The Indian legal system, entrenched in the convoluted synthesis of colonial precedents, customary jurisprudence, and post-independence statutory enactments, is an intricate edifice. The Constitution of India, a monumental document of both legislative audacity and constitutional prudence, promulgates the framework within which the judiciary is obligated to dispense justice. Its quintessence lies in the juxtaposition of individual liberty and the collective good, an equilibrium that is often contested within the courts, given the pluralistic nature of Indian society.
Despite its resplendent theoretical robustness, the Indian judiciary is beset with a myriad of exigencies that stymie the efficacious delivery of justice. The protracted delay in adjudicating cases, the onerous procedural labyrinth, and the inadequacy of legal infrastructure are merely the surface manifestations of endemic systemic inefficiencies. Furthermore, the pervasive entanglement of political interests with the judicial apparatus casts a shadow over the supposed impartiality of the courts, thereby undermining the public’s trust in legal adjudication.
Compounding the situation is the inherent tension between statutory law and personal laws—religiously informed frameworks of governance that circumscribe familial, marital, and inheritance rights. This dichotomy between secular and religious legal domains often precipitates contradictions, wherein individuals find themselves ensnared within a patchwork of legal entitlements that are governed by disparate sets of rules. Such a state of legal pluralism raises poignant questions about the very essence of equality before the law, for the very notion of universal justice is obfuscated when legal outcomes are subject to the vicissitudes of religious affiliations.
Moreover, the rapid emergence of cybercrime and the globalisation of financial markets have introduced new paradigms of legal transgressions, necessitating the swift adaptation of India’s legal framework. However, the lag in legal reforms—manifested in the resistance to recalibrate antiquated laws—further exacerbates the challenges. Technological advancements, while promising efficiency, have introduced their own complex conundrums regarding privacy and surveillance, engendering an ongoing debate about the extent to which the law can regulate new-age realities without infringing upon fundamental freedoms.
What does the author suggest about the relationship between statutory law and personal laws in India?
- The author highlights that the tension between them causes confusion and inconsistency
- The author presents personal laws and statutory laws as complementary and harmonious with no conflicts
- The author views personal laws as superior to statutory laws in all legal matters
- The author dismisses personal laws as irrelevant, advocating for a completely secular legal system
Answer and explanation
Correct answer: A - The author highlights that the tension between them causes confusion and inconsistency
The author says the tension between statutory law and religious personal laws 'precipitates contradictions' and a 'patchwork' of entitlements - confusion and inconsistency. Harmony, superiority of personal laws and dismissal of personal laws are not the author's position.
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CUSAT Three-Year LL.B.
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