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Compare the powers of Indian and American Supreme Courts. - Political Science

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Question

Compare the powers of Indian and American Supreme Courts.

Distinguish Between
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Solution

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.

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Chapter 8: Organs of Government: The Judiciary - QUESTIONS FOR REVISION [Page 403]

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K. K. Ghai Political Science [English] Class 12 ISC
Chapter 8 Organs of Government: The Judiciary
QUESTIONS FOR REVISION | Q 23. | Page 403
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