Question
The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”

Answer

The differences between the judicial system in India and Ecuador can be cited as:
  • Unlike the judges in Ecuador, Indian judges have to follow the instructions and rulings of higher courts in previous cases.
  • Indian judges have to provide a written decision that explains the legal basis of a ruling.
  • An Indian judge may not rule one way today and in the other way tomorrow in the same case and he has to give explanation of the decision of every ruling in written form.

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