NIOS Class 12 Introduction to Law Chapter 2 Meaning of Classification of Legal System

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NIOS Class 12 Introduction to Law Chapter 2 Meaning of Classification of Legal System

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Meaning of Classification of Legal System

Chapter: 2

Module – 1 Concept of Law

INTEXT QUESTIONS 2.1

1. What do you mean by ‘Common Law System’?

Ans: ‘Common Law’ is the name of a family of different Legal Systems of the world which follow common features and traits albeit small deviations.

2. Mention any three characteristics of ‘Common Law System’.

Ans: The three characteristics of Common Law are:

(i) Authority of the Judgements delivered by higher courts and tribunals.

(ii) Composition of Judicial Institutions; and.

(iii) Importance of Acts, Statutes and other Legislation passed by competent authorities.

INTEXT QUESTIONS 2.2

1. What are the salient features of Common Law System?

Ans: The salient features of Common Law System are as follows:

(a) Judgements rendered by the higher courts enjoy binding authority, which is technically known as ‘judicial precedent’.

(b) Judges of the courts are highly skilled persons who have special knowledge of law and are experienced in the administration of justice;

(d) Laws passed by the legislature enjoy the same status as ‘judicial precedents’.

2. Discuss the important traits of Continental Legal System.

Ans: The important traits of Continental Legal System are as follows:

(a) Judgements rendered by the higher courts do not enjoy binding authority and are not regarded as ‘judicial precedents.

(b) Judges of the courts are not essentially from a legal background but from diverse fields, such as arbitration, engineering, medicine, accountancy.

(d) Laws passed by the legislature enjoy the highest authority.

3. Do you think that India’s legal system is a combination of ‘Common Law’ and ‘Continental Legal System’ or is it primarily influenced by ‘Common Law System’ with only a few features of Continental Legal System?

Ans: I think that India’s Legal System is primarily influenced by ‘Common Law System’ with only a few features of Continental Legal System because of the following factors:

(i) Higher Judiciary enjoys a high status in the whole legal system and its judgments are authoritative.

(ii) Court proceedings are adversarial in nature; and.

(iii) Judges are highly skilled.

However, some of the features of Continental Legal System are also present, such as

(a) Presence of tribunals in which judges are appointed from any field, including from the formal judiciary; and.

(b) The court proceedings are not adversarial.

4. The origin of the ‘Common Law’ is linked to ‘Royal Power’.(True/False)

Ans: True.

5. In ‘Common Law System’ the Judgements rendered by High Courts and Supreme Court enjoy authority and powerful position. (True/False)

Ans: True.

6. India is a member of Common Law family of Legal Systems. (True/False)

Ans: True.

7. The origin of Common Law can be traced to the old age Roman Empire of the 5th century A.D. (True/False)

Ans: True.

INTEXT QUESTION 2.3

1. What do you understand about ‘Socialist Legal System’? Discuss its salient features.

Ans: ‘Socialist Legal System’ means a Legal System in which some of the basic features are present, namely (a) law is considered to be of revolutionary character and not static (b) Public law is given more prominence than any other branches of law (c) Acts of administration and the laws passed by the legislature are normally not reviewed. The examples of such a legal system are : Russia, China, Mongolia, North Korea.

2. Do you think that India should adopt Socialist Legal System? Assess the advantages and disadvantages of this legal system for India.

Ans: I do not think that India should adopt Socialist Legal System because India has been following Common Law System for the last two hundred years and adopting another legal system would be costly and chaotic. There is no need to adopt another system, but instead to reform the existing system.

However, the advantages of Socialist Legal System in India would be:

(a) Judiciary will not waste its time in reviewing the law passed by the Parliament/State Legislatures.

(b) Majority of time consumed by the lower courts in settling private disputes would be saved.

The disadvantages of Socialist Legal System would be:

(a) Private property, which is considered a status symbol for every individual, would not be legally protected.

(b) Arbitrary acts of executive would increase.

3. Write five lines each about Public and Private Law.

Ans: Public Law means that branch of law which deals with state matters or public matters, such as Constitutional Law, Administrative law, and Criminal law. The nature of public law is different from private law. Private law regulates and governs the relations of citizens with each other.

Examples of Private Law are: Law of Torts, Contract, Property. Socialist Legal System deals with Public Law and not Private Law.

4. In Socialist Legal System, Private Law has no space and all law has to be in the nature of ‘Public Law’. (True/False)

Ans: True.

5. In Socialist Legal System, ‘Legislation’ not ‘Judicial decisions’, is considered as the sole source of Law. (True/False)

Ans: True.

6. The Socialist Legal System is greatly influenced by the Continental System. (True/False)

Ans: True.

INTEXT QUESTIONS 2.4

1. Discuss the salient features of International Legal System.

Ans: The salient features of International Legal System are:

(a) In lieu of Acts/Statutes, Treaties play important role. Treaties are binding on a country which becomes a party to it.

(b) Role of the United Nations to make treaties and enforce the judgments of the International Court of Justice.

(c) Role of the European Union to make treaties in the European region and enforce the judgments of European Courts of Justice; and.

(d) A mixture of Common Law and Continental Legal System.

2. What do you mean by ‘Treaties’? Do you think that Treaties are an important factor in the development of International Legal System?

Ans: Treaties are “Agreements” between or amongst countries and International Organizations which are regulated by International Law and not the domestic law of the country where the treaty was signed. Yes, I think that Treaties are an important factor in the development of international legal system because they are binding on state parties and the behavior of states may be regulated by them.

Examples of Treaties may be:

(a) Versailles Treaty.

(b) Charter of the United Nations.

3. Compare the structure and working of European Union and South Asian Association for Regional Co-operation (SAARC). Evaluate the merits and demerits of both these Regional Organizations.

Ans:

EU	SAARC
(a) Applicable to western Europe and some parts of Eastern Europe	(a) Applicable to South Asia
(b) Acts on the basis of ‘Lisbon Treaty’	(b) Acts on the basis of Declaration on Regional Cooperation, 1983
(c) Treaties concluded by EU enjoy primacy over National Law	(c) Treaties concluded by SAARC enjoy primacy over National Law.
(d) Primary legislations are called “Treaties” and secondary legislations are called “Regulations”, “Directives”, and “decisions”	(d) No such classification.

Merits of these Regional Organisations:

(a) Broader area of application of the Law.

(b) Protects the Region from the influence of other Legal Systems

Demerits of these Regional Organisations:

(a) Multiplicity of Regional Organisations.

(b) No uniformity in International Legal System.

4. Fill in the Blanks:

(i) The United Nations was established in _____________ (1945, 1948)

Ans: 1945.

(ii) The South Asian Association for Regional Co-operation (SAARC) was established on __________. (8th December 1985/8th December 1945/8th December 2007)

Ans: 8th December, 1985.

(iii) European Union (E.U.) includes __________ European countries. (22/26/28)

Ans: 22.

TERMINAL EXERCISES

1. What do you mean by ‘Common Law Family of Legal System’? Explain.

Ans: The Common Law Family of Legal System refers to a group of legal systems that share common features and characteristics which originated from England and later spread to many parts of the world such as India, the U.S.A., Canada, and Australia. It is called a family because these countries follow similar legal traditions, though with small variations.

A common man may think “Common Law” means a law commonly applied, but in reality, it is a distinct legal tradition based on judicial precedents, professional judges, adversarial court processes, and reliance on legislative acts.

Main Features of the Common Law Family:

(a) Authority of Judgments: In the Common Law system, the judgments delivered by higher courts like the High Courts and Supreme Court are considered binding on lower courts. These are called judicial precedents.

For example, decisions of the Bombay High Court are binding on all subordinate courts within its jurisdiction.

(b) Composition of Judicial Institutions: Judges in Common Law countries are legally qualified persons, usually advocates or experienced judges. Only those with a law degree and professional experience can become judges.

This ensures that court judgments are technical, reasoned, and authoritative.

(c) Adversarial System of Court Proceedings: Court proceedings in this system are adversarial — meaning both parties, through their advocates, present their cases as opponents.

The judge acts as a neutral umpire, listening to both sides and deciding based on the evidence presented — not by conducting independent investigation.

(d) Acts and Statutes Passed by Competent Authorities: Although Acts and Statutes passed by Parliament have binding authority, judges can interpret or fill gaps in these laws through judicial interpretation.

For instance, in India, the judiciary developed the concept of the “rarest of rare” principle for awarding the death penalty under Section 302 IPC.

2. Describe the main components of ‘Continental Legal System’.

Ans: The Continental Legal System, also known as the Civil Law System, originated in the Roman Empire around the 5th century A.D., especially during the reign of Emperor Justinian (A.D. 483–565), who compiled various rules and regulations into a single code. This system later spread throughout Western Europe, particularly in countries like France, Germany, and Spain, and through colonial influence, it reached parts of South America, Africa, and even some regions of India such as Goa, Daman, Diu, and Pondicherry. The system is identified by four major components that distinguish it from the Common Law System.

The main components of this system are as follows:

(i) Importance of Acts and Statutes:

Laws made by the Parliament or competent authorities are supreme.

These laws are compiled through codification (e.g., Penal Code).

Judges must apply these written laws and cannot modify them.

(ii) Composition of Judiciary:

Judges may come from diverse fields like science, engineering, or medicine.

A law degree is not mandatory for appointment as a judge.

(iii) Power of Judges to Make Law:

Judges cannot create laws or set binding precedents.

Their judgments are respected but not compulsory for other courts.

(iv) Inquisitorial System:

Judges play an active role in investigating and finding the truth.

They may collect evidence themselves to ensure justice.

3. Can the judiciary review the administrative acts and rules framed by it? Give reasons.

Ans: Yes, the judiciary can review administrative acts and rules framed by it, under the principle of Judicial Review.

Explanation:

(i) Constitutional Authority: The judiciary, especially the High Courts (under Article 226) and the Supreme Court (under Article 32), has the power to review administrative actions to ensure they do not violate the Constitution, fundamental rights, or any law of the land.

(ii) Rule of Law: Judicial review ensures that administrative authorities act within the limits of their power. It prevents misuse, arbitrariness, or abuse of discretion by public officials.

(iii) Grounds of Review: Administrative acts and rules can be reviewed if they are:

Unconstitutional or ultra vires (beyond authority).

Unreasonable or arbitrary.

Malafide (done in bad faith).

Against principles of natural justice.

(iv) Objective: The judiciary acts as the guardian of citizens’ rights and ensures that the executive and administrative bodies work within the framework of law.

4. What kind of Legal System is present in the United Nations? Discuss briefly.

Ans: The United Nations (UN) follows the International Legal System, which governs the relations between sovereign states and international organizations. It was established in 1945 based on the Charter of the United Nations, which serves as its constitutional framework. The UN is the central body of the international legal system and functions through several principal organs, specialized agencies, committees, and commissions.

The main organs include the General Assembly, Security Council, Economic and Social Council, International Court of Justice, and the Secretariat. The Security Council acts as the executive wing of the UN and is responsible for maintaining international peace and security. It has the authority to make binding decisions on member states in cases of global conflict or threat.

Another important body, the International Law Commission (ILC), plays a major role in the codification and development of international law. It drafts treaties and conventions which are later adopted by member countries and international organizations.

Thus, the Legal System of the United Nations is based on international cooperation, codified treaties, and principles of peace and justice, ensuring that global relations are governed by law rather than power or conflict.

5. Match the major legal systems in column ‘A’ with their corresponding application in countries given in column ‘B’.

A	B
(a) Socialist Legal System	European Union
(b) Common Law Family	Spain
(c) Continental Legal System	Pakistan
(d) Legal System amongst International Institutions	Russia

Ans:

A	B
(a) Socialist Legal System	Russia
(b) Common Law Family	Pakistan
(c) Continental Legal System	Spain
(d) Legal System amongst International Institutions	European Union