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An Analytical Study On Judiciary And Its Judicial Review Power In USA And India




Jayashree Dey, LLM (Corporate Law), Amity University, Rajasthan

ABSTRACT

The primary function of the judiciary is to resolve disputes over the law's applicability in particular circumstances. India has a single judicial system. India's Supreme Court and its position at the pinnacle of the legal system in India are arranged in the shape of a steeple. District courts and Subordinate courts are placed after The Supreme Court comes first, followed by the High Courts. The trial courts are operations that are directly under the upper courts' supervision. The judiciary in India is tasked with upholding establishing the rule of law and ensuring its supremacy. It protects individual rights, settles disagreements in line with the law, and makes sure that democracy does not degenerate into a kind of personal or collective dictatorship. The Parliament is India's supreme legislative body. Congress is the governing body in the USA. Power separation is not strictly enforced in India. Separation of powers in the USA is divided among the judiciary, the legislature, and the executive. Federalism is cooperative and there is a single constitution for the entire country in India. The United States' federal structure is unique to each state, and each has its own constitution. The judiciary serves as the guardian of each country's constitution as well as the protector and guarantor of citizens' fundamental rights. In India and the USA, there are variations in the way the judiciary is appointed and operates.

Keywords: Autocracy, legislature, Dispute, Federalism, Article, USA, India, Parliament.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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