GS2 PYQ (Mains Answer Writing): Judiciary in India & UK | Indian Polity for UPSC CSE PDF Download

The judicial system in India and UK seem to be converging as well diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (UPSC GS2 Mains)

The Indian Constitution has established an Integrated Judicial system adopted from Government of India of 1935 which enforces both Central as well as state laws. Features of Judicial system has been adopted from countries like UK and USA. India is synthesis of both, that is, the American principle of judicial supremacy and British principle of Parliamentary supremacy.
Divergence 

• UK Judicial system follows Procedure established by law. In UK the judiciary does not look into the fairness of the laws. Basically they cannot review the acts made by the Parliament. Whereas Indian Judicial system also followed Procedure established by law till Meneka Gandhi Case, after the case India is following due process of law. So Judicial review with Indian judiciary is far much wider than that available to Judiciary of UK. 
• Jury System still exists in UK but not in India 
• Judicial Appointments - In India judges are appointed by collegium system ( opaque process) while in UK there is a judicial appointment commission( transparent process) 
• Act of sedition is no longer valid in UK but sedition act is often used in India. 
• Similarly Contempt of Court proceedings are rare in UK while it is often used in India 
• Remedy of Special leave petition (SLP- Article 136) of Supreme Court is available in India and not in UK. Convergence 
• Integrated judiciary mechanism both in India and UK 
• Judicial Independence prevalent in the both countries 
• Efforts are being made in both countries for Alternate resolution of disputes 
• Efforts were made by the Indian Government to introduce some form of judicial accountability by enacting National Judicial Appointment commission Act but was declared null and void by the Supreme Court as it was violating the basic structure of constitution. 
• There exists similar instruments of writ petitions in both countries to uphold the rule of law. 

Conclusion 
Hence, both countries UK and India should learn and adapt best global practices associated with judicial system.

Topics covered - Judicial System in India and UK