Subject: Indian Polity

The increasing interconnectedness of global legal systems has led to both convergence and divergence between the judicial practices of India and the UK. While both systems share common law heritage from colonial times, they have evolved distinctively to meet their unique socio-political contexts.

Points of Convergence

Institutional Framework

• Both systems emphasize judicial independence and separation of powers as fundamental principles.
• The concept of binding precedents (stare decisis) is followed in both jurisdictions, ensuring legal consistency.
• Both systems have adopted Alternative Dispute Resolution (ADR) mechanisms to reduce court backlogs.

Modernization Initiatives

• Both jurisdictions are embracing e-courts and digital transformation of judicial processes.
• Implementation of virtual hearings, especially accelerated during the COVID-19 pandemic.
• Focus on judicial transparency and accountability measures.

Points of Divergence

Constitutional Framework

• India follows a written constitution with fundamental rights explicitly stated, while the UK operates under an unwritten constitution.
• The Indian judiciary has developed Public Interest Litigation (PIL) as a unique tool for social justice.
• The UK's judiciary is bound by the Human Rights Act 1998, while India's courts directly interpret constitutional rights.

Structural Differences

• India maintains a unified judicial system with the Supreme Court at apex, while the UK has separate jurisdictions for England & Wales, Scotland, and Northern Ireland.
• Case pendency varies significantly - UK Crown Court backlog of 73,105 cases (2024) versus India's 50 million pending cases across courts.
• Indian courts have broader administrative functions including supervision of subordinate courts and advisory opinions.

Recent Developments

• India's judiciary is increasingly focusing on social justice and fundamental rights, while UK courts emphasize administrative law and Brexit-related issues.
• The Indian Supreme Court's disposal rate (52,191 cases in 2023) reflects a more extensive caseload compared to UK courts.

The judicial systems of India and the UK continue to evolve, with technological integration and access to justice being common goals, while maintaining their distinct characteristics shaped by their unique historical and social contexts. The success of initiatives like e-Courts Mission Mode Project in India and the Courts and Tribunals Transformation Programme in the UK demonstrates their commitment to modernization while preserving their essential features.