GS 2 · 2020Indian Polity10 Marks

Q17.The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.

Directive: Highlight10 marks

Introduction

The judicial systems of India and the UK, while sharing historical ties, exhibit both evolving similarities and fundamental differences in their practices.

Points of Convergence

  • Shared Foundations: Both systems are rooted in common law, uphold the Rule of Law, and emphasize an independent judiciary.
  • Human Rights & Activism: There's a growing focus on human rights protection and increasing judicial activism in both nations, albeit through distinct constitutional avenues.

Points of Divergence

  • Constitutional Basis & Judicial Review: India's written, rigid Constitution allows robust judicial review, including the Basic Structure doctrine. The UK's unwritten, flexible constitution limits review due to parliamentary sovereignty.
  • Judicial Appointments: India employs the Collegium system, contrasting with the UK's Judicial Appointments Commission.
  • Appellate Structure: India's Supreme Court has broader finality and scope of precedent than the UK Supreme Court.

Conclusion

These points highlight a complex relationship where shared heritage coexists with distinct constitutional realities and evolving judicial practices.

143 words · target ~150