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.
Approach · directive: “highlight”
What it asks · Compare the two systems: where they are moving closer (independence, appointments, rights review, procedure) and where they remain apart (constitutional supremacy, structure, trial practice).
The question has 2 parts — answer each
- Highlight the key points of convergence in judicial practice between India and the UK
- Highlight the key points of divergence
Open with · Both are common-law systems with independent courts, but India has a written Constitution with judicial review while the UK's courts operate under parliamentary sovereignty.
Cover
- Convergence: both insulate appointments from the executive, the UK through a Judicial Appointments Commission (2006), India through the Collegium, though in India judges choose judges.
- Rights review: under the Human Rights Act 1998 UK courts can declare laws incompatible with Convention rights; the Supreme Court held the 2019 prorogation unlawful.
- Convergence in practice: both rely on precedent, use specialised tribunals, and moved to virtual hearings during COVID-19.
- Divergence in supremacy: India's written Constitution allows courts to strike down laws and protects the basic structure; UK courts cannot invalidate Acts of Parliament.
- Structure: India has one integrated court hierarchy and a single Bar; the UK has separate legal jurisdictions and a divided profession of barristers and solicitors.
- Trial and role: the UK uses juries in Crown Court trials, India does not; PIL and wide writ powers make Indian courts more activist.
- Backlog and access: India faces vast pendency and judge vacancies; the UK has Crown Court backlogs and legal-aid cuts since 2012.
Close with · The two systems share a common-law heritage and a commitment to independence, but India's constitutional supremacy, integrated hierarchy and activist role contrast with the UK's parliamentary sovereignty and plural jurisdictions.
Question: UPSC's CS (Main) 2020, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 225 words (UPSC limit 150) · Minimalist IAS
Both are common-law systems with independent judiciaries, but India's courts work under a written Constitution with judicial review while the UK's operate under parliamentary sovereignty; recent practice has narrowed some gaps and left others intact.
Convergence
- Appointments insulated from the executive: the UK's Judicial Appointments Commission (2006); India's Collegium, reaffirmed when the NJAC was struck down (2015).
- Rights-based review: under the Human Rights Act 1998 UK courts declare laws incompatible with Convention rights, and the UK Supreme Court held the 2019 prorogation of Parliament unlawful, edging towards India's review of executive action.
- Practice: binding precedent, specialised tribunals, alternative dispute resolution, and virtual hearings adopted during COVID-19.
- Shared strains: India's pendency and judge vacancies mirror the UK's Crown Court backlog and legal-aid cuts since 2012.
Divergence
- Supremacy: Indian courts strike down laws and guard the basic structure; UK courts cannot invalidate an Act of Parliament.
- Structure: India's single integrated hierarchy and unified Bar against the UK's separate legal jurisdictions and a profession split between barristers and solicitors.
- Trial practice: juries decide Crown Court trials; India has none.
- Role: PIL and wide writ powers (Articles 32 and 226) make Indian courts more activist; UK courts defer more to Parliament on policy.
The two judiciaries converge on independence, rights review and procedure, but diverge where it matters most: constitutional supremacy, structure and the activist reach of Indian courts.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.