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    Comparative Cons

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    Nithiya Vendan
    The document compares the judicial systems of India and the United States. It notes that India has adopted some unitary features that deviate from true federalism, though recent initiatives like NITI Aayog and GST move in the right direction. It argues that states need more autonomy and freedom in areas like direct foreign investment and trade deals. It also discusses how federalism in the US divides powers between federal and state court systems, with circuit courts hearing appeals from district courts and each state having its own court system. The future of federalism in India depends on balancing unity and diversity.

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    Comparative Cons

    Uploaded by

    Nithiya Vendan
    11 views2 pages
    The document compares the judicial systems of India and the United States. It notes that India has adopted some unitary features that deviate from true federalism, though recent initiatives like NITI Aayog and GST move in the right direction. It argues that states need more autonomy and freedom in areas like direct foreign investment and trade deals. It also discusses how federalism in the US divides powers between federal and state court systems, with circuit courts hearing appeals from district courts and each state having its own court system. The future of federalism in India depends on balancing unity and diversity.

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    The document compares the judicial systems of India and the United States. It notes that India has adopted some unitary features that deviate from true federalism, though recent initiatives like NITI Aayog and GST move in the right direction. It argues that states need more autonomy and freedom in areas like direct foreign investment and trade deals. It also discusses how federalism in the US divides powers between federal and state court systems, with circuit courts hearing appeals from district courts and each state having its own court system. The future of federalism in India depends on balancing unity and diversity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    11 views2 pages

    Comparative Cons

    Uploaded by

    Nithiya Vendan
    The document compares the judicial systems of India and the United States. It notes that India has adopted some unitary features that deviate from true federalism, though recent initiatives like NITI Aayog and GST move in the right direction. It argues that states need more autonomy and freedom in areas like direct foreign investment and trade deals. It also discusses how federalism in the US divides powers between federal and state court systems, with circuit courts hearing appeals from district courts and each state having its own court system. The future of federalism in India depends on balancing unity and diversity.

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    of 2

    AMITY LAW SCHOOL

    COMPARATIVE PUBLIC LAW


    '' Comparative Analysis of Indian and American judicial system ''

    SUBMITTED BY- SUBMITTED TO-

    NITHYAVENDAN S prof.MADHU SHASHTRI


    Abstract

    India has deviated from true federalism by adopting various unitary features. Many
    experts call it as a Quasi federal constitution. Although NITI Ayog and GST are
    steps in the right direction but, to ensure that each state progresses economically&
    socially, various new initiatives are required. Inter state council article 263 and zonal
    councils should meet regularly . there is a need to ensure the the unitary features of
    the Indian constitution should not be abused (governors powers,president withholding
    a state bill, president rule, emergency provisions etc). some broad agreement needs to
    be reached between central and the states before introducing bills on concurrent
    subjects,as recommended by Punch commission. State bills reserved for president
    assent should be disposed off within 6 months by the centre . International treaties
    should be negotiated with the granter involvement of the states if implementation of
    these treaties impacts the state. More freedom to states required matters of direct
    technology transfers and tie-ups with foreign companies and government for better
    trade and social development projects.Federalism divides power between federal and
    state governments. As a result, there are both federal and state court systems. Federal
    courts are grouped geographically in circuits. Circuit courts of appeal hear appeals
    from the trial level district courts. Each state also has a court system with trial and
    appellate level courts.The future of India and her Constitution will depend on how the
    nation evolves the principles and practice of federalism suited to India whose indispensible
    requisite has to be unity in diversity, integrity with variety, marked by the wisdom and
    experience of creating a harmony between the centrifugal and centripetal forces within this
    sub-continent.

    KEY WORDS:Plea bargaining, Writ jurisdiction,TRIBUNALS, emergency provisions

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