Analyze the Judicial Systems of U.S.A, U.K and India?2023 expecting in mains

In a a democratic system, a Judicial System refers to a constitutional body enshrined with the function of providing justice while being independent of the government. The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of every individual, settles disputes in accordance with the law and ensures that democracy does not give in to dictatorship.

Judiciary as a pillar of democracy upholds the law. The provision of judiciary is necessary for the society as its primary function is dispute resolution and access to justice for all. Judiciary is an adjudicative measure for rights and wron

 The judicial systems of the United States, the United Kingdom, and India differ in various aspects, including their structure, sources of law, and the role of judiciary. Here is an analysis of each system:

1. United States:

- Structure: The U.S. judicial system is based on a federal model with a dual court system. It consists of federal courts and state courts. The federal judiciary includes the Supreme Court, circuit courts of appeals, and district courts. Each state has its own judicial system, including trial courts, appellate courts, and a state supreme court.

- Sources of Law: The U.S. judicial system operates under a common law system, where court decisions play a significant role in shaping legal principles and precedents. The Constitution serves as the supreme law, and federal and state statutes also form a crucial part of the legal framework.

- Adversarial System: The U.S. follows an adversarial system, where two opposing parties present their arguments before an impartial judge or jury. The judge's role is to ensure a fair trial, interpret the law, and apply legal principles.

2. United Kingdom:

- Structure: The U.K. judicial system is a combination of common law and civil law traditions. It consists of two main branches: the courts of England and Wales, and the courts of Scotland. The highest court of the U.K. is the Supreme Court, which replaced the House of Lords as the final court of appeal in 2009.

- Sources of Law: The U.K. does not have a written constitution; instead, it relies on statutory law, common law, and conventions. Parliament is the supreme law-making authority, and statutes enacted by Parliament hold significant importance. Judicial decisions also contribute to the development of legal principles and precedents.

- Adversarial System: Similar to the U.S., the U.K. follows an adversarial system, where opposing parties present their cases before a judge. However, compared to the U.S., the role of the judge is more active in questioning witnesses and eliciting information.

3. India:

“True freedom requires the Rule of Law and Justice, and a Judicial System in which the rights of some are not secured by the denial of rights to others.”

Indian Judicial System

India follows a hybrid legal system having elements of civil law, common law, equitable law, and customary and religious laws. The Constitution of India establishes a single integrated Judicial System for the whole of India. The Supreme Court of India is the highest court of the country and below it are the High Courts at the state level followed by some other Subordinate Courts. The Supreme Court controls and runs the judicial administration of India. Collectively, all courts in India form the link of a Single-Judicial System.

The Constitution of India is a written and enacted constitution. The right to interpret the Constitution has been given to the Supreme Court in India. Therefore, it acts as the final interpreter of the provisions of the Constitution.

The Constitution of India is the supreme law of the land. The Supreme Court is also the guardian of the fundamental rights of the people. In performance of this duty, it exercises the power of Judicial Review. The Supreme Court has the power to determine the constitutional validity of all laws and it can reject any such law which is held to be unconstitutional.

Indian judiciary acts as the guardian of fundamental rights of the people. The Right to Constitutional Remedies also provides people with the protection of their rights from courts, on violation of the same. The Supreme Court and the High Courts have the power to issue writs for this purpose.

Or 

- Structure: The Indian judicial system is a federal system with a single integrated judiciary. It consists of the Supreme Court at the apex, high courts in each state, and subordinate courts. The system follows a three-tier structure: district courts at the lowest level, followed by high courts, and ultimately the Supreme Court.

- Sources of Law: The Indian legal system is based on common law principles, and the Constitution is the supreme law of the land. The Constitution provides for fundamental rights, and statutes enacted by the central and state governments govern various areas. Judicial decisions, particularly those of the Supreme Court, contribute to the development of legal principles and precedents.

- Adversarial System: India follows an adversarial system where parties present their arguments before the judge. However, the judge's role in India is more inquisitorial compared to the U.S. system, as judges actively question and seek clarifications from the parties.

It's worth noting that each judicial system has its own  processes, and areas of emphasis. The analysis provided here is a general overview, and the actual functioning and dynamics of these systems can vary within each country based on specific laws, court practices, and evolving judicial interpretations.