Question

Which among the following countries follow Common Law Jurisdiction system in which courts play a vital role in creating laws, especially where gaps in law exist, and the legislature or executive have failed to enact laws?

• A. Germany
• B. Russia
• C. India
• D. North Korea

Hint:

As a general rule, countries that were once part of the British Empire (like India, the USA, Canada, Australia, and the UK itself) follow the Common Law system. Most countries in Continental Europe, Latin America, and former French colonies follow the Civil Law system.

Answer 1

The Correct Option is C

Step 1: Understanding Legal Systems
The question asks to identify a country that uses the Common Law system. The two major legal systems in the world are:


Common Law System: Characterized by the importance of judicial precedent (stare decisis). Court decisions are a vital source of law, alongside statutes enacted by the legislature. This system originated in England and was spread through the British Empire.
Civil Law System: Relies on comprehensive, codified statutes and laws. The role of judges is primarily to apply the law as written in the codes, not to create law through precedent. This system has its roots in Roman law.

Step 2: Classifying the Countries


(A) Germany: A classic example of a Civil Law country. Its legal system is based on codified laws.

(B) Russia: Follows the Civil Law tradition.

(C) India: Having inherited its modern legal framework from the British, India follows the Common Law system. Judicial decisions from the Supreme Court and High Courts are binding precedents and a significant source of law (e.g., the Basic Structure Doctrine, Vishakha Guidelines).

(D) North Korea: Has a socialist law system, which is a variant of the Civil Law system.


Step 3: Final Answer
India follows the Common Law jurisdiction system. Therefore, option (C) is the correct answer.