Correct option is C
The correct answer is (c) Both Statements are Correct
Explanation:
- Judicial decisions in common law systems (like India, the UK, and the USA) are generally bound by precedent, a principle known as stare decisis. This means that past decisions made by courts must be followed in similar future cases, ensuring consistency and predictability in the law.
- Quasi-judicial decisions, however, are made by bodies or authorities that have some judicial powers but are not courts (e.g., regulatory bodies or administrative tribunals). These bodies are typically not bound by precedent and make decisions based on facts and the application of existing laws, not necessarily based on past decisions.
- Judicial decisions in common law systems can create new laws by interpreting and applying the law in new ways, especially in the absence of a clear legislative framework. This happens in landmark judgments where courts might develop or evolve the law by setting precedents.
- Quasi-judicial decisions, on the other hand, are based on existing law. These bodies or authorities apply existing statutory provisions, regulations, and policies to specific cases. They do not have the authority to make new laws or change the law; they are required to follow and enforce the laws as they are written.
Information Booster:
- Common Law is a legal system that gives great weight to judicial decisions and precedents. It evolved in England and is followed in countries like the United States, Canada, and India.
- Quasi-judicial bodies are bodies that perform some judicial functions but are typically part of the administrative structure.
- They are established by statutes to resolve disputes in specific fields, such as tax tribunals, regulatory authorities, and public service commissions. Examples in India include the National Green Tribunal (NGT) and Income Tax Appellate Tribunal (ITAT).
- Precedent: A judicial precedent is a principle or rule established in a previous case that courts are expected to follow in future cases with similar facts.