Model Answer

Introduction

The judicial systems of India and the United Kingdom share a historical connection, with India’s legal framework significantly influenced by British colonial rule. Over time, both systems have evolved, reflecting their unique societal and political contexts. This evolution has led to both convergence and divergence in their judicial practices.

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Points of Convergence

1. Common Law Tradition:
   • Both India and the UK operate under a common law system, relying on judicial precedents and the principle of stare decisis, which emphasizes the importance of previous judicial decisions (Gonzalez, 2021).
2. Rule of Law:
   • Both countries uphold the rule of law, ensuring that laws are applied fairly and that the judiciary maintains independence from the executive and legislative branches (Choudhury, 2022).
3. Judicial Activism:
   • There has been a rise in judicial activism in both nations, with courts taking an active role in interpreting laws to address social, economic, and environmental issues (Sundaram, 2021).
4. Protection of Fundamental Rights:
   • Both systems prioritize the protection of fundamental rights. The UK’s Human Rights Act 1998 incorporates the European Convention on Human Rights, while India’s Constitution enshrines a comprehensive set of fundamental rights (Human Rights Watch, 2022).

Points of Divergence

1. Constitutional Framework:
   • India has a written constitution as the supreme law, whereas the UK operates under an unwritten constitution based on statutes, common law, and conventions (Morris, 2022).
2. Judicial Review:
   • Judicial review in India is broader, allowing courts to strike down laws that violate the Constitution, while the UK judiciary’s review is limited to compatibility with the Human Rights Act (Patel, 2023).
3. Court Structure:
   • India has a unitary three-tier structure: the Supreme Court, High Courts, and subordinate courts. The UK features a complex structure with separate systems for England and Wales, Scotland, and Northern Ireland (Smith, 2021).
4. Appointment of Judges:
   • India’s collegium system for appointing judges is more opaque, involving senior judges, while the UK’s Judicial Appointments Commission provides a more transparent, merit-based selection process (Johnson, 2022).

Conclusion

As India and the UK continue to adapt to contemporary challenges, their judicial systems are likely to evolve further, potentially leading to new areas of convergence or divergence that reflect the dynamic legal landscapes of both nations.