- Apex Court: The Supreme Court is the highest court of the USA under Article III of the Constitution.
- Composition: It has 9 judges—1 Chief Justice and 8 Associate Justices.
- Appointment: Judges are appointed by the President with Senate approval.
- Tenure: Judges serve during good behaviour (life tenure).
- Removal & Salaries: Judges can be removed only by impeachment and receive secure salaries to ensure independence.
Topics
Forms of Government: Totalitarian and Authoritarian States, and Liberal Democratic State
- Totalitarian and Authoritarian States
- Liberal Democratic State
- Unitary and Federal States
- Parliamentary and Presidential Forms of Government (U.K. and U.S.A.)
- Decentralisation in India
- Overview of Forms of Government: Totalitarian and Authoritarian States, and Liberal Democratic State
Constitution and Government
Forms of Government: Unitary and Federal States
- Meaning of Constitution
- Kinds of Constitutions - Written and Unwritten, Rigid and Flexible, Enacted and Evolved
- Amending Procedures
- Conventions - Meaning and Examples with Reference to U.K., U.S.A. and India
- Overview of Forms of Government: Unitary and Federal States
Indian Democracy
Forms of Government: Parliamentary and Presidential Forms of Government
- Methods of Election - Direct and Indirect
- Constituency - Single Member and Multi-member
- Universal Adult Franchise
- First Past the Post System
- Minority Representation
- Political Parties
- Kinds of Party System - Single Party, Bi-party, Multi-party System
- Overview of Forms of Government: Parliamentary and Presidential Forms of Government
Constitution
Franchise and Representation
Organs of Government: The Legislature
Organs of Government: The Executive
Organs of Government: The Judiciary
Indian Constitution the Preamble and Salient Features of the Indian Constitution
- Unicameral and Bicameral Legislatures
- Legislative Functions
- The Legislature in India and U.S.A.
- Composition and Powers of the House of Representatives and the Senate, Lok Sabha and Rajya Sabha
- Comparison of the Rajya Sabha and the U.S. Senate
- Lok Sabha with the U.S. House of Representatives
- Overview of Indian Constitution the Preamble and Salient Features of the Indian Constitution
Fundamental Rights
- What is an Executive
- Functions of Executive
- Discretionary Powers of the President
- Civil Service
- Difference Between the Political Executive and the Permanent Executive
- Political Executive in India and U.S.A. - a Comparative Study
- Powers and Functions of Executive Heads of U.S.A. (President)
- Changing Role of the Indian Prime Minister in the Coalition Era (1996 Onwards) - with Reference to Increasing Role of Regional Political Parties
- Overview of Fundamental Rights
Directive Principles of State Policy
- Introduction and Composition of Judiciary
- Functions of Judiciary
- Conditions of Independence of Judiciary
- Judiciary in India and U.S.A
- Judicial Review
- Principles and Critical Evaluation with Special Reference to U.S.A. and India
- Judicial Activism
- Judicial Restraint
- The Supreme Court
- Overview of Directive Principles of State Policy
Local Self-Government
Democracy in India: Perspective of Challenges Faced
Estimated time: 125 minutes
CISCE: Class 12
Key Points: Judiciary> Meaning and Importance
- Judiciary protects the rights, liberty and property of citizens.
- An independent judiciary gives citizens confidence, security and fearlessness.
- Honest and impartial courts ensure the rule of law.
- No democracy or federal system can function properly without an independent judiciary.
CISCE: Class 12
Key Points: Power and Functions of Judiciary
- Administration of justice
- Interpretation of laws
- Role in law-making
- Protection of rights
- Guardian of the Constitution
- Enforcement of decisions
- Federal umpire & advisory role
CISCE: Class 12
Key Points: Independence of Judiciary
- Judiciary delivers justice without fear or favour.
- It safeguards liberty and fundamental rights.
- Prevents arbitrary use of power.
- Ensures the majority does not harm minority interests.
CISCE: Class 12
Key Points: Measures to Secure the Independence of Judiciary (India & USA)
- Sound method of appointment
- High qualifications
- Long and stable tenure
- Difficult method of removal
- High salaries & allowances
- Separation from executive
- Post-retirement safeguards
CISCE: Class 12
Key Points: Salient Features of Indian Judiciary
- Single and Integrated Judicial System.
- Independence of Judiciary.
- Judiciary as the Final Interpreter of the Constitution.
- Supreme Court as the Arbiter between the Union and States.
- Seniority Principle in the appointment of Chief Justice of India.
- Special Courts.
- Fast Track Courts.
CISCE: Class 12
Key Points: Organisational Structure of Indian Supreme Court
- Composition of the Supreme Court.
- Provisions for the Appointment of Ad-hoc Judges.
- Method of Appointment of Judges.
- Qualifications for the Judges.
- Method of Removal of Judges.
- Salary and Allowances.
CISCE: Class 12
Key Points: Jurisdiction of the Supreme Court of India
- Original Jurisdiction: Settles Centre–State and inter-State disputes.
- Appellate Jurisdiction: Highest court of appeal in civil, criminal, and constitutional cases.
- Advisory Jurisdiction: Gives advice to the President on important public matters.
- Fundamental Rights: Protects rights by issuing writs.
- Guardian of Constitution: Interprets the Constitution and reviews laws.
CISCE: Class 12
Key Points: Judicial Activism
- Judicial Activism means interpreting laws in the light of social needs and changing times.
- Judges may go beyond strict precedents
- Courts act boldly to remedy injustices.
CISCE: Class 12
Key Points: Judicial Restraint
- Judicial Restraint means judges should interpret law as it is, not make new laws.
- Courts should avoid interference in policy-making.
- Judges should strike down laws only when clearly unconstitutional.
CISCE: Class 12
Definition: Judicial Activism
Judicial Activism means a proactive approach of the judiciary towards prevailing socio-economic politico-administrative conditions in the country. - P.B. Sawant
CISCE: Class 12
Key Points: Salient Features of Judiciary in the USA
- Two Tier Judicial System.
- Two Types of Federal Courts.
- Independence of Judiciary.
- A High Place to Judiciary.
- Judicial Review.
CISCE: Class 12
Key Points: US Federal Judiciary: Organisation & Jurisdiction
- Dual judiciary — Federal Judiciary and State Judiciary.
- Completely independent and separated from the legislature and executive.
- Supreme Court of the USA is the highest court of appeal.
- Federal Judiciary includes District Courts, Circuit Courts of Appeals, and Special Courts.
- US State has its own independent judicial system.
CISCE: Class 12
Key Points: Organisation of US Federal Judiciary
- District Courts.
- Circuit Courts of Appeals.
- Legislative Courts or Special Courts.
- The Supreme Court of USA.
CISCE: Class 12
Key Points: Jurisdiction of the US Federal Courts
- Federal courts deal only with cases and controversies.
- They hear cases arising under the US Constitution, federal laws, and treaties.
- Handle disputes between states, and between the federal government and states.
- Decide cases involving citizens of different states, and disputes involving foreign governments, ambassadors, or citizens.
- Federal courts have jurisdiction over admiralty and maritime law cases.
CISCE: Class 12
Key Points: Supreme Court of USA
CISCE: Class 12
Key Points: Jurisdiction of The US Supreme Court
- Dual Jurisdiction: The US Supreme Court has both original and appellate jurisdiction.
- Original Jurisdiction: It directly hears cases related to ambassadors, cases where a state is a party, and disputes between states or between the Union and states.
- Limited Original Cases: Very few cases come under its original jurisdiction.
- Appellate Jurisdiction: Most cases come as appeals from federal courts and the highest state courts on legal or constitutional issues.
- Final Authority: The decisions of the Supreme Court are final, and no appeal lies against them.
CISCE: Class 12
Key Points: Role of the US Supreme Court
- Role of the Supreme Court as the Interpreter of the Constitution.
- The Supreme Court as Guardian of the Constitution.
- Role of the Supreme Court in the Development of the Constitution.
- Role of the Supreme Court as the Guardian of Fundamental Rights.
- Role of the Supreme Court in Law-making.
CISCE: Class 12
Definition: Judicial Review
- "Judicial Review is the examination by the courts, in cases actually brought before them, of legislative statutes and executive and administrative acts to determine whether or not they are prohibited by the written constitution or are in excess of the powers granted by it" - US Chief Justice George Marshall
- "Judicial Review is the power of the highest court of jurisdiction to invalidate, on constitutional grounds, the acts of other governmental agencies done within their jurisdictions". - L.P. Berth
- "Judicial Review refers to the powers of the court to interpret the constitution and to declare acts of the legislature, executive or administration void, if it finds them in conflict with the supreme law (i.e. the US Constitution)". - Pennock and Smith
- "Judicial Review is the power to determine whether a law passed by the Congress or any provision of state constitutions, or any law enacted by a state legislature or any other public regulation having the force of law, is in consonance with the Constitution of the United States or not." - Munro
- "When the Supreme Court of the United States invalidates an act of Congress or of state legislature on the ground that it is not in conformity with the constitutional powers and provisions, it is exercising the power of Judicial Review." - Dimock and Dimock
CISCE: Class 12
Key Points: Judicial Review in the USA
- Meaning & Power: Judicial Review allows the US Supreme Court to declare laws or executive acts unconstitutional.
- Constitutional Basis: It is not written in the Constitution but was established in Marbury v. Madison (1803).
- Process: Judicial review is exercised only when a law is challenged before the Court.
- Scope of Decisions: The Court may uphold a law, strike it down fully, or invalidate only part of it.
- Importance: Despite criticism, it protects the Constitution, fundamental rights, and checks the powers of Congress and the President.
CISCE: Class 12
Key Points: Constitutional bases of Judicial Review in India
- Article 13 – Declares laws violating Fundamental Rights as void; courts can test their constitutionality.
- Article 32 – Empowers citizens to move the Supreme Court for enforcement of Fundamental Rights through writs.
- Articles 131 & 132 – Give the Supreme Court original and appellate jurisdiction, including Centre–State disputes and constitutional interpretation.
- Article 226 – Empowers High Courts to issue writs for protecting Fundamental Rights and exercise judicial review.
CISCE: Class 12
Key Points: Features of Judicial Review in India
- Supreme Court is the final authority – Both SC and High Courts have judicial review power, but SC gives the final decision.
- Wide scope of review – Applies to Central & State laws, executive orders, ordinances and constitutional amendments.
- Not automatic – Judicial review is exercised only when a law is challenged during litigation.
- Legal questions only – Courts deal only with questions of law, not political issues.
- Procedure Established by Law – Indian judicial review follows this principle, making it more limited than the US system.
CISCE: Class 12
Key Points: Critical Appraisal of Judicial Review Power of Indian Judiciary
- Undemocratic.
- Lack of Clarity.
- Source of Administrative Problems.
- Reactionary.
- Delaying System.
- Makes the Parliament Irresponsible.
- Reversal of its own decisions by the Supreme Court.
CISCE: Class 12
Key Points: Justification of Judicial Review Power in India
- Upholds the supremacy of the Constitution.
- Checks misuse of power.
- Maintains federal balance.
- Protects Fundamental Rights.
- Strengthens judicial independence
CISCE: Class 12
Key Points: Some Checks on the Judicial Review Power of the Indian Supreme Court
- No explicit constitutional provision.
- Ninth Schedule laws.
- Procedure established by law.
- Amending power of Parliament.
- Specified Fundamental Rights & restrictions.
CISCE: Class 12
Key Points: Judiciary in the Liberal Democratic Political Systems of India and the USA
- Independent & Impartial Judiciary
- Apex Courts
- Different Judicial Structures – India and USA
- Guardian of the Constitution
- Protector of Fundamental Rights
- Judicial Review
