GS Paper 2 10 marks · 150w 9 min Hard
The judicial systems in India and 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.
Subtopic: Judiciary · comparative judicial systems (India-UK)
How to structure your answer
Introduction → Shared common-law foundations → Convergence: institutional separation (UKSC), judicial review of executive action, rights adjudication and proportionality → Divergence: parliamentary sovereignty versus constitutional supremacy, appointments, remedial powers and structure → Conclusion
Detailed model answer
211 words · target 150 words · 9 min
India inherited the common-law tradition from Britain — adversarial trials, binding precedent and an independent judiciary — yet the two judicial systems have since evolved along paths that now both converge and diverge.
Points of convergence
- Institutional separation: the Constitutional Reform Act, 2005 created a UK Supreme Court (functioning from 2009) outside the House of Lords, approximating India's constitutionally separated judiciary.
- Judicial review of executive action has expanded in Britain — the Miller judgments on the Brexit notification (2017) and prorogation of Parliament (2019) echo Indian courts' checks on executive power.
- Rights adjudication: proportionality review under the Human Rights Act, 1998 parallels Indian fundamental-rights jurisprudence (Puttaswamy); both systems have liberalised standing and embraced tribunals, mediation and e-courts.
Points of divergence
- Parliamentary sovereignty versus constitutional supremacy: UK courts can at most declare a statute incompatible with rights; Indian courts strike down laws and even constitutional amendments under the basic structure doctrine.
- Appointments: Britain's independent Judicial Appointments Commission contrasts with India's collegium, which survived the invalidation of the NJAC (2015).
- Structure and remedies: India's single integrated hierarchy and vast remedial powers (Articles 32, 136, 142) have no full UK counterpart, where separate legal systems serve Scotland and Northern Ireland.
Convergence, in short, is procedural and rights-driven; divergence remains foundational, rooted in where each constitution locates sovereignty — in Parliament at Westminster, and in the Constitution itself in India.
What an examiner expects to see
- Common inheritance: common law, adversarial procedure, precedent and judicial independence bind the two systems historically.
- Convergence 1: Constitutional Reform Act, 2005 / UK Supreme Court (2009) moved Britain toward Indian-style separation of the judiciary from the legislature.
- Convergence 2: expanding UK judicial review of the executive — Miller (2017) and the prorogation case (2019) — mirrors Indian activism.
- Convergence 3: proportionality and rights review under the Human Rights Act, 1998 parallels Part III adjudication; both liberalised standing and tribunalised.
- Divergence 1: parliamentary sovereignty (declarations of incompatibility only) versus constitutional supremacy with basic-structure review in India.
- Divergence 2: independent Judicial Appointments Commission in the UK versus India's collegium after the NJAC verdict (2015).
- Divergence 3: India's integrated single hierarchy and Articles 32/136/142 remedies versus the UK's plural jurisdictions and narrower remedial toolkit.
Concrete cases, schemes and judgments
- R (Miller) v Secretary of State (2017) — executive could not trigger Brexit without Parliament
- R (Miller) v The Prime Minister / Cherry (2019) — prorogation of Parliament held unlawful
- Constitutional Reform Act, 2005 creating the UK Supreme Court
- Justice K.S. Puttaswamy (2017) — proportionality in Indian rights review
- Supreme Court Advocates-on-Record Assn v Union of India (2015) — NJAC struck down, collegium retained
Terminology to weave into the answer
parliamentary sovereigntyconstitutional supremacydeclaration of incompatibilitycollegium systemproportionality reviewbasic structure doctrine