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11.8.2. Laws on Which Supreme Court Function
This has been adopted from the constitution of Japan
Japanese Constitution | Indian Constitution |
The Chief Justice is appointed by Head of the State-Emperor | The Chief Justice is appointed by Head of the State-President |
The Supreme Court is the highest judicial authority of the nation | The Supreme Court is the highest judicial authority of the nation |
Other judges in the Supreme Court form smaller benches for court or hearing of cases. | Other judges in the Supreme Court form smaller benches for court or hearing of cases. |
Supreme court mainly acts as an appellate court, most hearings being appeals and hearings being petitions against unsatisfactory decisions of lower courts. | Supreme court mainly acts as an appellate court, most hearings being appeals and hearings being petitions against unsatisfactory decisions of lower courts. |
11.8.3. Independence of Judiciary and Judicial Review
♤ Independence of the judiciary is the principle that the judiciary should be politically shielded from the legislative and the executive power. That is, courts should not be subjected to reprehensible influence from other branches of the government, or from personal or adherent interests.
♤ Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.
Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority such as the constitution.
Both of these principles are adopted from the constitution of USA.
They are very important to keep a check on the other two branches of the government.