Highlight the key points of convergence and divergence between the judicial systems of India and USA.
Main Body
India and USA have the most robust and elaborate judicial systems based on the principles of rule of law, constitutionalism and separation of powers. Key points of Convergence: (1) Constitution as supreme guide for substitution of statutes and action of government (2) System of Judicial Review - ensure checks and balance (eg: Kesari vs state case, Keshavnand Bharti case, use in USA) (3) Executive appointment of judges (eg: USA - President appoints as also in India - Article 124) (4) Rule of days as a guiding aspect Points of Divergence: India: (1) Procedure established by law followed (Manka Gandhi case separated it to five heads of law in Article 21) (2) Synthesis of parliament sovereignty and judicial supremacy (3) Extraordinary powers under Article 142 B) No strict separation of powers (3) Judicial independence in seen in collegium system USA: (1) Due process of law is constitutionised, detention, legality, justice, forfeud (2) Judicial supremacy (3) No extraordinary powers (4) Strict separation of powers (5) Political influence in appointment Despite divergences, both countries prioritises upheld constitutional supremacy and ideas of justice.
Diagram
Two-column table comparing points of divergence between India and USA judicial systems with specific provisions and case examples
SURAMYA SHARMA
Comparison of Indian Constitutional Scheme with Other Countries
Judicial Systems - India vs USA
Comparison of Judicial Powers and Procedures
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comparative-analytical
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