Surabhi YadavAIR 14 · CSE 2025 · 233 wordsTheir whole copy
Opening
Constitutional makers consulted multiple constitution (over 50) to ensure a robust constitution - 75+yrs and still standing - for India, where we ad
We adopted multiple provisions of our judiciary from USA.
Body · points and prose
Constitutional makers consulted multiple constitution (over 50) to ensure a robust constitution - 75+yrs and still standing - for India, where we ad
We adopted multiple provisions of our judiciary from USA.
convergence
| Basis | India | USA |
|---|---|---|
| Independence | - Judicial supremacy | - can check on legislature means |
| Judicial Review | - Basic structure (Indira Gandhi v Raj Narain) | - Important Feature. |
| Territorial extent | Whole India | Whole USA |
| Hierarchy | SC, HC, Local courts | - Federal Courts & State courts |
Divergence
| Basis | India | USA |
|---|---|---|
| Laws | SC can try all laws - centre or state laws | SC can try only Federal laws - State courts try State laws. |
| Hierarchy |
| → No Hierarchy. SC and HCs are independent of each other. | | Judges Selection | by judiciary itself (2nd & 3rd judges case) | → By committee of Judiciary + Executive. | | Tenure of Judges | SC - till 65 yrs HC - till 62 yrs | → lifetime | | Removal of Judges | → Impeachment on grounds of proved misbehavior or incapacity. | → Impeachment by the Senate & house of people. |
Thus, Judicial system of USA & India share many common parameter.
Close · a summary
| Basis | India | USA |
|---|---|---|
| Laws | SC can try all laws - centre or state laws | SC can try only Federal laws - State courts try State laws. |
| Hierarchy | ||
| → No Hierarchy. SC and HCs are independent of each other. | ||
| Judges Selection | by judiciary itself (2nd & 3rd judges case) | → By committee of Judiciary + Executive. |
| Tenure of Judges | SC - till 65 yrs HC - till 62 yrs | → lifetime |
| Removal of Judges | → Impeachment on grounds of proved misbehavior or incapacity. | → Impeachment by the Senate & house of people. |
Thus, Judicial system of USA & India share many common parameter.
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