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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…

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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 term ‘legal pluralism’ as used in the passage most accurately refers to
  1. The dominance of secular laws over all other forms of law
  2. The coexistence of religious and secular laws within one system
  3. The uniform application of a single legal code across all jurisdictions
  4. The separation of criminal and civil laws into distinct systems with no overlap

Answer and explanation

Correct answer: B - The coexistence of religious and secular laws within one system
The passage uses "legal pluralism" for the state in which secular statutes and religious personal laws exist side by side, each governing different matters such as marriage and inheritance. The uniform application of a single code is the opposite of pluralism, and the passage says nothing about secular dominance or about separating criminal and civil law.

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  • CUSAT Three-Year LL.B.

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