The judicial systems in India and the 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. (UPSC IAS Mains 2020 General Studies Paper – 2)
Both India and the United Kingdom are democratic countries with parliamentary form of government. Besides, there are differences as well as similarities on how the Executive, Legislature and Judiciary of these countries function.
The Indian Judicial System has its origin in the ‘Mayors Courts’ established by the East India Company in 1726. During the course of the British Rule, the judicial systems developed imbibing the features like rule of law, and recording judicial precedents.
After Independence India inherited the same judicial system but made changes to suit the peculiar Indian situation.
The points of convergence in the judicial system include:
- Independence of Judiciary: In Britain as well as in India the judges can only be removed from the office for serious misbehavior and with the consent of both the Houses of Parliament.
- Ultra-vires: Courts in both the UK and in India can declare the action of executive as ultra-vires i.e. acting or done beyond one’s legal power or authority.
- Interpretation of Constitution: The courts in both India as well as in the UK act as the highest interpreter of the constitution.
The points of divergence in the judicial system include:
- Sovereignty of Parliament: Under the doctrine of Parliamentary sovereignty, the judiciary in the UK lacks the power to strike down an Act of Parliament. However, in India, the courts have been given this power.
- Basic Structure Doctrine: The courts in India have come up with the Doctrine of Basic Structure, which prevents executive from making laws or amendments which alter or deviate from the basic values enshrined in constitution. British system lacks the concept of ‘Basic Structure’.
- Unified Three-Tier System: The United Kingdom does not have a single unified legal system, England and Wales have one system, Scotland another, Northern Ireland a third. The Constitution of India has established a unified three-tier system of judiciary, with the Supreme Court at the top.
- Appointment of Judges: In the UK, the Constitutional Reform Act, 2005 has created the Judicial Appointments Commission for appointment of judges. However, in India, the Judges of the Supreme Court, as well as High Courts, are appointed by the President under collegium system.
The British judicial system provided the foundation on which its Indian counterpart was built. But Indian judiciary has evolved and learnt from the best practices around the world to safeguard democracy and rule of law.
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