Roadmap for Answer Writing

1. Introduction

• Overview of the Judicial System: Begin with a brief description of the importance of an efficient judicial system in any democratic state. Mention that the judicial system is tasked with interpreting the Constitution, resolving disputes, and safeguarding fundamental rights.
• Key Theme: State that the question focuses on comparing the judicial systems of India, the USA, and the UK in terms of structure, powers, and functioning.

2. Comparison of India vs. USA

• Constitutional Framework:
  • India: India’s judicial system operates under a written Constitution (Source: Indian Constitution).
  • USA: The USA also has a written Constitution that serves as the supreme law (Source: U.S. Constitution).
• Judicial Review:
  • India: The Indian judiciary has the power of judicial review, but its scope is limited to ensuring that laws conform to the Constitution. Judicial review can be applied to constitutional amendments, legislative acts, and administrative actions (Source: Articles 13, 32, 136 of the Indian Constitution).
  • USA: Judicial review in the USA is broader and includes the review of both federal and state laws. This power was firmly established in Marbury v. Madison (1803) (Source: Marbury v. Madison, 1803).
• Jurisdiction:
  • India: The Indian Supreme Court has original jurisdiction primarily in federal matters, and appellate jurisdiction in constitutional, civil, and criminal matters (Source: Articles 131, 136 of the Indian Constitution).
  • USA: The U.S. Supreme Court has broader original jurisdiction, including cases involving states, federal law, and constitutional issues (Source: Article III of the U.S. Constitution).
• Special Powers:
  • India: The Indian Supreme Court can grant Special Leave to Appeal (Article 136), allowing it to hear appeals against judgments of lower courts (Source: Article 136, Indian Constitution).
  • USA: The U.S. Supreme Court does not have this power of granting leave to appeal; it primarily hears cases through writs of certiorari (Source: U.S. Supreme Court rules).
• Advisory Jurisdiction:
  • India: India has a provision for advisory jurisdiction under Article 143, where the President can seek the Supreme Court’s opinion on specific issues (Source: Article 143, Indian Constitution).
  • USA: The USA does not have a similar advisory jurisdiction system.

3. Comparison of India vs. UK

• Constitutional Framework:
  • India: India has a written Constitution, which explicitly outlines the structure of the judiciary and its powers (Source: Indian Constitution).
  • UK: The UK does not have a single written Constitution. It relies on unwritten conventions, statutes, and judicial precedents (Source: Constitutional conventions of the UK).
• Judicial Review:
  • India: Judicial review in India is explicitly granted by the Constitution, allowing the courts to review constitutional amendments, legislative acts, and administrative actions (Source: Articles 13, 32, 136 of the Indian Constitution).
  • UK: In the UK, the principle of parliamentary sovereignty prevails. Courts do not have the authority to review the validity of parliamentary legislation. However, secondary legislation and judicial review of administrative actions are allowed (Source: UK Constitutional Law).
• Structure of Courts:
  • India: India has a single integrated judicial system, with the Supreme Court at the top, followed by High Courts and District Courts, which handle state and central laws (Source: Article 124-147, Indian Constitution).
  • UK: The UK has separate judicial systems for England and Wales, Scotland, and Northern Ireland. The UK Supreme Court serves as the final court of appeal for all these jurisdictions (Source: UK Constitutional Law).
• Parliamentary Sovereignty vs. Judicial Supremacy:
  • India: India has a system that balances Parliamentary Sovereignty and Judicial Supremacy, allowing judicial review of legislative acts and even constitutional amendments (Source: Kesavananda Bharati v. State of Kerala, 1973).
  • UK: The UK follows Parliamentary Sovereignty, where the laws passed by Parliament cannot be overturned by the judiciary, except for secondary legislation (Source: UK Constitutional Law).

4. Conclusion

• Summarize the key differences and similarities between the judicial systems of India, the USA, and the UK, particularly focusing on the differences in their approaches to judicial review, jurisdiction, and constitutional frameworks.
• Conclude by stating that while all three systems aim to maintain democratic values and the rule of law, their structures and the scope of judicial powers vary based on constitutional traditions and legislative practices.

Key Facts for Answer:

1. Judicial Review:
   • India: Articles 13, 32, 136 of the Constitution.
   • USA: Marbury v. Madison (1803) affirmed judicial review.
   • UK: No provision for judicial review of Parliamentary Acts, only secondary legislation.
2. Jurisdiction:
   • India: Original jurisdiction in federal matters (Article 131); Appellate jurisdiction (Article 136).
   • USA: Original jurisdiction in federal matters and cases involving states (Article III).
   • UK: Separate jurisdictions for England, Wales, Scotland, and Northern Ireland.
3. Special Powers:
   • India: Special Leave to Appeal (Article 136).
   • USA: No equivalent; cases reach the Supreme Court primarily through writs of certiorari.
   • UK: No special powers like those in India or the USA.
4. Advisory Jurisdiction:
   • India: Advisory Jurisdiction under Article 143.
   • USA: No similar system.
   • UK: No advisory jurisdiction.

This roadmap and facts will guide you in crafting a well-structured and fact-based comparative answer.