International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 8 Issue 2
March-April 2026
Indexing Partners
Judicial System in India and United States of America: A Comparitive Analysis
| Author(s) | Rajmoni Moni Borah |
|---|---|
| Country | India |
| Abstract | Judicial independence is universally recognised as a foundational principle of constitutional democracy and an indispensable condition for the rule of law. It enable courts to function impartially, free from external pressure, and to act as guardians of constitutional values and individual rights. This research paper undertakes an detailed comprehensive study of the independence to judiciary of India and USA, two major constitutional democracy with distinct political system and a legal traditions. While both countries place judiciary at the centre of constitutional governance, they adopt different institutional mechanism to safeguard judicial autonomy. India relies on explicit constitutional provisions, judiciary evolved doctrine, and a judge-led appointment process, whereas the United States emphasis life tenure, Seperation of Power, and post appointment insulation from political interference. The study examines key dimensions of judicial independence, including constitutional foundation, appointment procedures, tenure and removal, financial autonomy, judicial review and contemporary challenges. By analysing similarities and a differences, the paper argues that judicial independence is shaped by historical experience and constitutional design rather then a uniform model. This research paper concludes that despite procedural variation, both India and United States have developed strong framework to preserve judicial independence, which remains essential for democratic governance, constitutional supremacy, and protection of fundamental rights . |
| Keywords | Judicial Independence, Comparative Constitutional Laws, Seperation of Power, Judicial Review, Judicial Appointments, and rule of law |
| Field | Arts |
| Published In | Volume 8, Issue 2, March-April 2026 |
| Published On | 2026-04-10 |
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E-ISSN 2582-2160
CrossRef DOI is assigned to each research paper published in our journal.
IJFMR DOI prefix is
10.36948/ijfmr
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