Answer: 

Introduction:

The judicial systems in India and the United Kingdom have historical linkages, as India’s legal system was significantly influenced by British colonial rule. Over time, both systems have evolved, reflecting the changes in their respective societies and political systems.

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Body:

In recent times, there have been points of convergence and divergence between the two nations’ judicial practices:

Points of Convergence:

• Common law tradition: Both India and the UK follow the common law system, which relies on precedents and the principle of stare decisis.
• Rule of law: Both countries uphold the rule of law, ensuring that laws are applied fairly and consistently, and that the judiciary remains independent from the executive and legislative branches.
• Judicial activism: In recent years, both Indian and UK courts have witnessed a rise in judicial activism, where the judiciary takes an active role in interpreting laws and addressing social, economic, and environmental issues.
• Protection of fundamental rights: Both countries place a strong emphasis on the protection of fundamental rights. In the UK, the Human Rights Act 1998 incorporates the European Convention on Human Rights into domestic law, while India’s Constitution enshrines a comprehensive set of fundamental rights.

Points of Divergence:

• Constitutional framework: India has a written constitution that serves as the supreme law of the land, whereas the UK has an unwritten constitution based on statutes, common law, and conventions.
• Judicial review: The scope of judicial review in India is broader than in the UK. The Indian judiciary can review and strike down laws that violate the Constitution, while the UK judiciary can only review the compatibility of laws with the Human Rights Act and issue a declaration of incompatibility, leaving the final decision to Parliament.
• Court structure: India has a unitary three-tier structure of the judiciary, with the Supreme Court at the apex, High Courts in the middle, and subordinate courts at the base. The UK has a more complex structure, with different court systems for England and Wales, Scotland, and Northern Ireland.
• Appointment of judges: The appointment process for judges in India is more opaque and involves a collegium system, where senior judges play a significant role in selecting new judges. In the UK, the appointment process is more transparent, with the Judicial Appointments Commission responsible for selecting judges based on merit.

Conclusion:

As both nations continue to evolve and address contemporary challenges, their judicial systems may further adapt, resulting in new areas of convergence or divergence, reflecting the dynamic nature of their legal landscapes.

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