Advertisements
Advertisements
प्रश्न
Compare the powers of Indian and American Supreme Courts.
अंतर स्पष्ट करें
Advertisements
उत्तर
| Sr. No. | Aspect | Indian Supreme Courts | American Supreme Courts |
| 1. | Constitutional Basis | Powers derived from a written Constitution (Articles 124–147). | Powers derived from a brief Constitution, with broad interpretation developed through precedents. |
| 2. | Judicial Review | Judicial review is limited to the Constitution, subject to the Basic Structure Doctrine (e.g., the Kesavananda Bharati case). | Judicial review is broader, based on the Due Process clause (e.g., Marbury v. Madison, 1803), and laws can be struck down if unjust or unfair. |
| 3. | Writ Jurisdiction | Can issue writs (Articles 32 and 226) for enforcement of Fundamental Rights. | Writs like habeas corpus exist, but the power to issue constitutional writs is not as direct. |
| 4. | Role in Law-making | Cannot make laws but can interpret them; can declare constitutional amendments invalid if they violate the basic structure. | Interpretation of laws can lead to policy shifts, sometimes called judicial activism. |
| 5. | Final Authority | Both are the final interpreters of their Constitutions. |
Decisions are binding on all lower courts. |
shaalaa.com
क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
अध्याय 8: Organs of Government: The Judiciary - QUESTIONS FOR REVISION [पृष्ठ ४०३]
