UPSC Mains Answer: The judicial systems in India and UK seer to be converging as well as diverging in recent timds. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.

Difficulty Level: Medium

Pre-requisite: Understanding of the common law system, its historical evolution in India and the UK, and key constitutional developments such as the Government of India Act 1935, Indian Constitution (1950), and the UK’s Constitutional Reform Act 2005. Fa

Sub-category: Comparative Government and Polity (GS-II: Governance, Constitution, Polity, Social Justice)

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The judicial systems of India and the UK, both rooted in common law traditions, exhibit notable convergence and divergence in contemporary practices.
Convergence: 1. Common Law Foundation: Both systems rely on judicial precedents and stare decisis, ensuring consistency in legal interpretations. The UK’s influence is evident in India’s adoption of adversarial proceedings and case law.
2. Judicial Activism: Courts in both nations have expanded their roles beyond traditional adjudication, addressing socio-political issues through PILs (India) and judicial reviews (UK).
3. Technological Integration: Digitalization of court processes, e.g., virtual hearings and e-filing, has been accelerated in both countries, especially post-pandemic.
Divergence: 1. Constitutional Framework: India’s written Constitution grants its judiciary explicit powers of judicial review, unlike the UK’s unwritten constitution, where Parliament remains supreme.
2. Appointment Mechanisms: India’s collegium system contrasts with the UK’s independent Judicial Appointments Commission, reflecting differing approaches to judicial independence.
3. Hierarchy and Structure: India’s unified judiciary under the Supreme Court differs from the UK’s bifurcated system (Supreme Court and lower courts), with specialized tribunals playing distinct roles.
While convergence reflects shared legal heritage and modernization, divergence stems from distinct constitutional and institutional evolutions. Future trends may see further alignment in procedural reforms but continued divergence in constitutional dynamics.