Which of the following are the components of the Indian Legal System?

1. Basic values and principles enshrined in the Constitution

2. Rights and obligations conferred by ordinary statutes 

3. Organizational set-up to enforce rights and obligations within the constitutional norms

4. Legal and judicial persons

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CDS-II (General Knowledge) Official Paper (Held On: 01 Sept, 2024)
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  1. 1, 2, 3 and 4
  2. 1, 2 and 4 only
  3. 1, 2 and 3 only
  4. 3 and 4 only

Answer (Detailed Solution Below)

Option 3 : 1, 2 and 3 only
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The correct answer is  1, 2 and 3 only.

Key PointsComponents of the Indian Legal System

  • Basic values and principles enshrined in the Constitution: The Constitution of India is the supreme law of the land. It lays down the basic framework of governance, delineates the powers and functions of the different organs of the government, and enshrines the fundamental rights of citizens. These values and principles form the cornerstone of the Indian Legal System. Hence, statement 1 is correct.
  • Rights and obligations conferred by ordinary statutes: In addition to the Constitution, there are numerous ordinary statutes (laws) enacted by the Parliament and State Legislatures that confer rights and impose obligations on individuals and institutions. These statutes play a crucial role in the functioning of the Indian Legal System. Hence, statement 2 is correct.
  • Organizational set-up to enforce rights and obligations within the constitutional norms: The Indian Legal System comprises various institutions and bodies, including courts, tribunals, and law enforcement agencies, that are responsible for enforcing rights and obligations as per the constitutional norms. This organizational set-up ensures the implementation and protection of legal rights. Hence, statement 3 is correct.
  • Legal and judicial persons: While legal and judicial persons (such as lawyers, judges, and legal entities) are integral to the functioning of the legal system, they are not considered as separate components of the system itself. Instead, they operate within the framework established by the Constitution, statutes, and organizational structures. Hence, statement 4 is incorrect.

Additional Information

  • Constitution of India: Adopted on 26th January 1950, it is the longest written constitution of any country in the world. It includes provisions for Fundamental Rights (Articles 12-35), Directive Principles of State Policy (Articles 36-51), and Fundamental Duties (Article 51A).
  • Ordinary statutes: These are laws enacted by the legislative bodies at the central and state levels. Examples include the Indian Penal Code (IPC), Consumer Protection Act, and Right to Information Act.
  • Judicial System: India's judicial system is hierarchical, with the Supreme Court at the apex, followed by High Courts at the state level, and various subordinate courts including District Courts. The judiciary is independent and plays a critical role in interpreting laws and ensuring justice.
  • Law Enforcement Agencies: These include the police, Central Bureau of Investigation (CBI), and other agencies responsible for maintaining law and order and investigating crimes.
  • Legal Education and Profession: Institutions like the Bar Council of India regulate legal education and the legal profession. Lawyers and judges are essential for the administration of justice, representing clients, and adjudicating disputes.
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