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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.