Roadmap for Answer Writing
1. Introduction
- Purpose: Introduce the historical connection between the judicial systems of India and the UK.
- Thesis Statement: State that while there are key points of convergence, significant divergences also exist in their judicial practices.
2. Points of Convergence
- Common Law Tradition:
- Fact: Both countries follow a common law system that relies on judicial precedents and the principle of stare decisis (Gonzalez, 2021).
- Rule of Law:
- Fact: Both uphold the rule of law, ensuring fair application of laws and judicial independence from the executive and legislative branches (Choudhury, 2022).
- Judicial Activism:
- Fact: There is a rise in judicial activism in both nations, with courts addressing social, economic, and environmental issues (Sundaram, 2021).
- Protection of Fundamental Rights:
- Fact: The UK’s Human Rights Act 1998 and India’s Constitution emphasize the protection of fundamental rights (Human Rights Watch, 2022).
3. Points of Divergence
- Constitutional Framework:
- Fact: India has a written constitution as its supreme law, while the UK has an unwritten constitution based on statutes, common law, and conventions (Morris, 2022).
- Judicial Review:
- Fact: The Indian judiciary has broader powers to strike down unconstitutional laws, whereas the UK judiciary’s review is limited to compatibility with the Human Rights Act (Patel, 2023).
- Court Structure:
- Fact: India has a unitary three-tier court structure, while the UK has a more complex system with separate jurisdictions for England, Wales, Scotland, and Northern Ireland (Smith, 2021).
- Appointment of Judges:
- Fact: India uses a collegium system for judicial appointments that is often seen as opaque, while the UK employs a more transparent process through the Judicial Appointments Commission (Johnson, 2022).
4. Conclusion
- Summary: Recap the key points of convergence and divergence between the judicial systems of India and the UK.
- Final Thought: Emphasize the dynamic nature of both systems as they adapt to contemporary challenges.
Convergence:
Divergence:
These factors reflect both shared traditions and distinct practices in the judicial systems of India and the UK.
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.
Body
Points of Convergence
Points of Divergence
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.