The question (6 marks)
A classmate argues that the Indian High Courts Act 1861 abolished the dual system of courts, and that after it India had a single judiciary. Examine that claim by reference to what the Act actually provided and to what remained undone after it. (6 marks)
MU Module II, situation-based question on the unification of the courts; pack ch. 02.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · The Dual Judicial System and the Judicial Committee of the Privy Council of History of Courts, Legislature and Legal Profession.
Authorities you will need
- Indian High Courts Act 1861
- High Court Act 1911
- Government of India Act 1935
- Abolition of Privy Council Jurisdiction Act
- Act of Settlement 1781
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.