Q.The judicial system 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.

graph LR
    subgraph Points of Convergence
        C1["Common Law Tradition"]
        C2["Independent Judiciary"]
        C3["Hierarchy of Courts"]
        C4["Open Court Proceedings"]
        C5["Role of Judges"]
    end
    subgraph Points of Divergence
        D1["Written vs Unwritten Constitution"]
        D2["Judicial Review Scope"]
        D3["Appointment of Judges"]
        D4["Public Interest Litigation"]
        D5["Binding Nature of Constitution"]
    end
    C1 & C2 & C3 & C4 & C5 --> JPC["Judicial Practices Comparison"]
    D1 & D2 & D3 & D4 & D5 --> JPC

Body Analysis

Points of Convergence

• Independence of the Judiciary: In both nations, judges enjoy high security of tenure. They can only be removed from office for proven misbehavior through a rigorous process requiring the consent of both Houses of Parliament.
• Doctrine of Ultra-Vires: Courts in both India and the UK possess the authority to declare executive actions ultra-vires if they exceed legally prescribed powers.
• Interpretation of the Constitution/Laws: The highest courts in both jurisdictions act as the ultimate interpreters of constitutional provisions and statutory laws.

Points of Divergence

• Sovereignty of Parliament: Under the British doctrine of parliamentary sovereignty, the UK judiciary cannot strike down primary legislation passed by Parliament. In contrast, Indian courts possess the power of judicial review to declare parliamentary laws unconstitutional.
• Basic Structure Doctrine: The Indian judiciary formulated the 'Basic Structure Doctrine' to restrict the executive and legislature from altering the core values of the Constitution. The British system has no equivalent concept.
• Unified vs. Split Legal System: India features a unified, integrated three-tier judicial hierarchy with the Supreme Court at the apex. The UK lacks a single unified legal system, operating separate systems for England & Wales, Scotland, and Northern Ireland.
• Judicial Appointments: In the UK, the Constitutional Reform Act of 2005 established an independent Judicial Appointments Commission. In India, judges of the Supreme Court and High Courts are appointed through the Collegium system.