17/09/2025
As I have been experiencing the Australian Legal System although both the nations are run by Common Law but still there is difference letโs understand the basics differences-:
India
โข Follows a common law system, inherited from British colonial rule.
โข Judicial decisions are important, but legislation made by Parliament and State Legislatures is the primary source of law.
โข Also incorporates personal/religious laws in areas like marriage, divorce, and inheritance (e.g., Hindu Law, Muslim Law, Christian Law
Australia:
โข Also follows the common law system, inherited from Britain.
โข But it is more uniform โ no religious or personal law systems; laws are secular and consistent across states (though states have their own laws).
โข Greater emphasis on parliamentary sovereignty and codified statutes.
2. Constitutional Framework
India
โข Has a written Constitution (1950) โ the longest in the world.
โข Declares India a sovereign, socialist, secular, democratic republic.
โข Fundamental Rights and Directive Principles guide governance.
โข Supreme Court has strong power of judicial review.
Australia
โข Has a written Constitution (1901), but much shorter.
โข Establishes a federal parliamentary democracy under the Crown (King/Queen of UK is also King/Queen of Australia, represented by the Governor-General).
โข Fewer guaranteed rights (no comprehensive bill of rights like India).
โข High Court interprets the Constitution and resolves disputes.
3. Court System
India:
โข Unified judicial system: Supreme Court โ High Courts โ District & Subordinate Courts.
โข No separate federal and state court systems โ all courts are part of one hierarchy.
Australia:
โข Dual system: Federal courts (High Court, Federal Court, Family Court) and separate state/territory courts.
Both systems function side by side.
Regards
Aditya Rana
Advocate & Registered Foreign Lawyer Victoria
Supreme Court of India
Mob- 9599553812, 0426946976
