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2.3. Comparison with American Supreme Court
There is a fundamental difference in Indian and American judicial system, as India has a unified judicial system while American judicial system is segregated on federal principle. Still, there are striking similarities due to the democratic setup of polity. These can be seen as-
Indian Supreme Court | American Supreme Court | |
Original Jurisdiction | It is confined to federal cases. | It covers not only federal cases but also cases relating to naval forces, maritime activities, ambassadors, etc. |
Appellate Jurisdiction | It covers constitutional, civil and criminal cases. | It is confined to constitutional cases only. |
Advisory Jurisdiction | It has advisory jurisdiction. | It has no advisory jurisdiction. |
Judicial Review | It defends rights of the citizen according to the ‘procedure established by law’. Thus, its scope of judicial review is limited. | It defends rights of the citizen according to the ‘due process of law’. Thus, its scope of judicial review is wide. |
Change in Jurisdiction | Its jurisdiction and powers can be enlarged by Parliament. | Its jurisdiction and powers are limited to that conferred by the Constitution. |
Control over subordinate courts | It has power of judicial superintendence and control over state high courts due to integrated judicial system. | It has no such power due to double (or separated) judicial system. |
Apart from these, the Supreme Court of India has extraordinary power of special leave to entertain appeals without any limitation upon its discretion, from a decision not only of court but also of any tribunal within territory of India. American Supreme Court doesn’t possess such power.