Highlight the key points of convergence and divergence between the judicial systems of India and USA.
Main Body
Indian judiciary created under the Constitution in 1950 had some similarity with USA judiciary while also having unique uniqueness. Convergence between Indian & USA's judicial system: (1) Due process of laws is followed by both during checking of executive action. (2) Upholding constitutionalism by check on executive misuse of power. (Judicial review) (3) Hierarchical structure with federal & state judiciary. Divergence: Aspect: Indian Judiciary vs USA Aspect merit: Collegium system derived in Third Judge's case appointed by legislature & executive vs Executive appointments with minimal role of judiciary Retirement & post retirement: Fixed tenure of 65 years in Supreme court & 60 in High court vs No fixed tenure in courts. Depends majorly on the lifetime of judge Fundamental rights enforcement: Direct jurisdiction of Supreme court Under Article 32 vs Appeal through federal channel. Rights are the basic of judiciary sole. Under India. Judicial action: Impeachment power with legislature vs No such power exists with the Congress. Indian judiciary upholds the secular dynanism by intersecting constitution to expand the scope of rights with a unique touch apart from the USA's judicial system.
Diagram
Comparative table with rows for Aspect merit, Retirement & post retirement, Fundamental rights enforcement, Judicial action, comparing Indian Judiciary and USA
SUNAWAR DEEP SINGH
Comparison of Indian Constitutional Scheme with Other Countries
Judicial Systems
India and USA Judiciary
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Paragraphs
analytical and comparative
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