Question 6:
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.
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ANSWER :
Following are the similarities and differences between the Judicial system of Ecuador and India :
(a)In Ecuador, judges are not forced to respect the rulings of High Courts in previous cases. but in India judges generally respect the judgement of High Court in previous cases. Supreme Court rulings are binding on the lower Court Judges.
(b)In Ecuador, an appellate judge need not provide a written decision explaining the legal basis of a ruling. But in India ,an appellate judge has to provide a written decision explain the legal basis of a ruling.
(c)Like Ecuador in India also a judge may rule one way today and the opposite way ,in a similar case tomorrow ,without explaining why.
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