Question Q.4GS2GS2
Highlight the key points of convergence and divergence between the judicial systems of India and USA.
Main Body
Both Indian and USA's Judicial system are robust and support the capabilities of world's largest and oldest modern democracy. Convergence of India and US Judicial system: 1) Due Process of law: Menaka Gandhi case 1978; India started following. 2) Principles of Natural Justice and equitable access to justice ex: Article 34A of Indian Constitution. 3) Judicial Review: Article 13, 32, 226 of Indian Constitution provide for Judicial Review.
4Citizen at centre of Judgement ex: Article 32 directly approach SC for violation of Rights. Divergence: US - More scope of Judicial Review as Due Process of law enshrined in constitution. Federal courts can intervene in state court matter. No Plenary power like Article 142. Don't advise President appointment of Judges is also discussed but title the national perspective and universal. India - Less scope than US. Integrated Judiciary with hierarchy. Plenary power under Article 142, ELP under Article 226. Advise Judges under Article 143.
154 words1 paragraphs
Conclusion
More scope of Judicial Review is also divergent but title the national perspective and universal.
15 words
Topper
MADHVENDRA PRATAP SINGH
AIR 1532025
Subject & Paper
GS2GS2
Topic
Comparison of Indian Constitutional Scheme with Other Countries
Forms of Government
Judicial Systems Comparison
Writing Stats
169
Total words
1
Paragraphs