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प्रश्न
Compare Indian Judicial System with the US Judicial System.
फरक स्पष्ट करा
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उत्तर
| Sr. No. | Aspect | Indian Judicial System | US Judicial System |
| 1. | Structure and Composition | The judiciary is a single integrated system with the Supreme Court at the top, followed by High Courts in states and subordinate courts at the district level. | The judiciary is dual in nature, with a federal judiciary (headed by the Supreme Court of the USA) and separate state judicial systems. |
| 2. | Appointment and Tenure | Judges of the Supreme Court and High Courts are appointed by the president based on recommendations from the collegium system. They serve until the age of 65 (Supreme Court) and 62 (High Courts). | Federal judges, including Supreme Court justices, are nominated by the president and confirmed by the Senate. They hold office for life, subject to good behaviour. |
| 3. | Judicial Review | The power of judicial review is explicitly provided by the Constitution and is used to examine the constitutionality of laws passed by the legislature. | Judicial review was established through the landmark case Marbury v. Madison (1803). It plays a critical role in maintaining the supremacy of the Constitution. |
| 4. | Independence of Judiciary | Judicial independence is ensured through security of tenure, fixed service conditions, and powers of contempt. However, executive influence has been a concern. | Judicial independence is strong due to life tenure and financial autonomy. Judges can only be removed through impeachment. |
| 5. | Judicial Activism and Restraint | The judiciary has shown significant activism, especially through Public Interest Litigations (PILs), expanding the scope of Fundamental Rights. | Judicial activism exists but is balanced with a tradition of judicial restraint and adherence to the doctrine of stare decisis (precedent). |
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