America’s judicial system is considered to be the oldest judicial system in the world, today we have taken this topic to give information about how the process of justice is done in the developed countries of the world. When we analyze the other judicial system and study the developed judicial system in that too, then we get information about what are the flaws of our judicial system and what should be the general average.
In this article, we will try to know the history of the judicial system of America and see how the judicial system is run. The delay in the judicial process in India and the issue of under-trial accused should be considered a very important issue from the point of view of human rights. Democracy of India and Democracy of America There is a lot of difference in this, that difference of experience is the biggest because America’s democracy is 250 years old and our democracy is only 70 years old.
Our judiciary and police system are for the safety of the society, but instead of having faith in these systems in the society, we get to see a fear and this is the biggest defeat for us. Therefore, we should think about the model of judiciary in a democracy. So here we will try to examine the judicial process of America and try to compare it with the judicial system of India.
What is the origin of the American judicial system?
Before the independence of America, there has been a lot of influence of British Common Law, which lasted till the eighteenth century, in which British case law was used by the judiciary because till then no such cases had come to the American court which was a landmark judgment for law and order.
European and British law has an impact on the American judiciary for many days. The Supreme Court and the courts of 50 states are considered to be independent courts in themselves. Tort law and judicial review have been a feature of the American jurisprudence from the beginning and the US Constitution has provided many powers for this.
America is a world class country where people of every country are seen, because of this we get to see this diversity in their judiciary and the American judiciary has established its own existence apart from the beginning western influence.
What is judicial process based on?
As the democratic system of America is considered to be the largest system to be run in a decentralized manner, where all the states have a lot of authority in their own right, in the same way, in America’s judiciary, for all the judicial process except international issues and some important components. The judicial system of the states has independent powers.
The judicial interpretations of the states can be different from each other, but they cannot be inconsistent with the constitution, only at that time the Supreme Court intervenes in the judiciary of the states. Mainly in civil and criminal matters, the laws of the states are governed by their own right of order, which may be different in the judicial process.
USA Judiciary & Indian Judiciary –
In America, the appointment of judges is chosen by the representative of the Senate, and if a judge has to be removed, then only a few judges have been removed in very serious cases. Judges appointed by the Supreme Court to the state courts are selected by the Senate.
The American judiciary is considered to be the world’s oldest and developed justice system, which is characterized by the right of a court of judicial review and tort law, where the judiciary has a lot of independence, which is seen quite often, which shows the accountability of the government.
The issue of appointment of judges in India’s judicial process is considered to be quite controversial, which is said to be the process of making one’s own appointment. The interference of politics in the judicial process and the effect on the judiciary is given by the court, which was forced to make changes in the appointment of judges. The Supreme Court of India has been given a lot of authority from the Supreme Court of America, which works to control the High Court of the states.
Appointment of Judges –
Judges in the US judiciary are not appointed on the basis of their education and legal experience, that process is done by the President and Senate representatives. In which the credibility of judges is checked by the FBI and the legal expert Attorney General, Department of Justice, through many such procedures, the appointments of judges are tested.
A list of judges is prepared by the President and his office, which is presented to the US Senate, where these judges are recognized or accepted by the representatives of all the states. This means that the President and the Senate do not have to appoint judges, in this the cooperation of both is necessary.
For the appointment of judges, it is not necessary to have a legal expert, he can also be a member of a political party or can be a person knowing in any field, just this process after a lot of amendments, after the process tested by many experts goes. Representative membership is gives great importance in this process while making appointments of judges.
Administration of US Judiciary –
The Administrative Office of the Court provides all other facilities to the Federal Court, in which economic budget, technical support, clerical staff, its training system, many such works is done by this government organization.
Judicial Conference of America This body keeps this whole process under its supervision, in which all the representatives from the Chief Justice of the Supreme Court to the District Court are included in it. This organization provides all kinds of services to the judicial system of America, which are considered by the judiciary.
Legal Procedure of US Judiciary –
The justice system in America is run at three levels, in which the justice system is run by a Supreme Court, 13 circuit courts and 93 district courts. The US Supreme Court does not have a centralized authority like the Supreme Court of India, it is a system run from the federal structure, which was run after 1776 after independence from the British colony.
The Federal Courts and State Courts are run differently, in which courts are run by the Federal Court only on the rights specified by the US Constitution, starting with the District Federal Court, which are run on limited subjects in civil cases.
District Courts and Circuit Courts work from their powers in the civil and criminal cases of the states, in this only cases inconsistent with the US Constitution are intervened by the Supreme Court, otherwise most of the cases are run on the basis of their case law in the jurisdiction of the states. and are governed by the independent constitution of the states.
What is the difference between US judiciary and Indian judiciary?
The judicial system of the United States is a complex and sophisticated system with several key features, including:
- Separation of powers: The judicial system is one of the three branches of government and is separate from the legislative and executive branches.
- Federalism: The United States has a federal system of government, which means that there are two levels of courts – federal and state. Each level of court has its own jurisdiction and responsibilities.
- Adversarial system: The U.S. judicial system is based on the adversarial system, which means that two opposing parties present their cases to a neutral judge or jury, who then decides the outcome of the case.
- Judicial review: The U.S. Supreme Court has the power of judicial review, which means that it can review the constitutionality of laws passed by Congress and state legislatures.
- Common law system: The U.S. judicial system is based on common law, which is a system of law based on previous court decisions rather than written laws or statutes.
- Due process: The U.S. Constitution guarantees due process of law, which means that everyone has the right to a fair and impartial trial.
- Jury trials: The U.S. Constitution guarantees the right to a trial by jury for criminal cases, except in cases where the defendant waives that right.
- Appellate review: Most cases can be appealed to a higher court if one of the parties disagrees with the decision of the trial court. This allows for the possibility of correcting errors made by the lower court.
Government Budget on US Judiciary-
The budget for the judiciary in the United States is established by the federal government, but also by the individual states, as each state has its own judicial system.
In the federal government, the judiciary receives funding through the annual appropriations process. The federal judiciary’s budget is determined by Congress, which appropriates funds for the operation of the Supreme Court, the U.S. Courts of Appeals, the U.S. District Courts, and other agencies of the judicial branch. The judiciary’s budget includes funds for salaries and benefits for judges and staff, rent and maintenance for courthouses, and other expenses related to the operation of the courts.
In addition to the federal government, state governments also fund their own judicial systems. State judicial budgets typically cover salaries for judges and staff, maintenance and operation of courthouses, and other expenses related to the administration of justice. The amount of funding provided to state courts varies by state, depending on the size of the state’s population, the number of courts in the state, and other factors.
Overall, the amount of funding provided to the judiciary in the United States can vary from year to year, depending on a variety of factors, including economic conditions, political priorities, and the needs of the judicial system. However, the judiciary is an important branch of government and requires sufficient funding to ensure the fair and effective administration of justice.
Critical Analysis of US Judiciary –
Because it is not necessary to have a legal expert in the American jurisprudence, but the process of his appointment is very long. A person of any profession is appointed by the President and the Senate, in which any political person can be seated on the chair of the judge, so there is a lot of criticism on it and political influence is seen in the judiciary.
Because the US judicial process is run by this federal method, in which state circuit courts and district courts are given a lot of authority and the Supreme Court only deals with constitutional and international matters, so the judicial decisions of each state seem to be resolved differently.
Unlike in India, fully professional judicial experts are not appointed in the American judiciary and politics has a great influence on the judiciary. Through judicial review, many times important law is intervened in a political way by the court, it is believed by many intellectuals. Despite some flaws in the American court, the American legal system is highly appreciated all over the world, in which the process of judicial review and law is considered to be much better than the judicial system around the world.
In this way we have seen the federal structure of America’s jurisprudence where the courts of the states have separate independence and criminal and civil cases are settled at the same level and the Supreme Court and constitutional matters.
The Supreme Court of India does not have powers like the Supreme Court of America and the selection of professional people is not like the judiciary of India, it is done with the consent of the President and the Senate and experts are provided by intelligence organizations, bar councils, judicial conferences and many other government bodies.
Judicial review and due process of law This famous judicial system has been accepted by the courts around the world, which is basically a product of the American judicial system. Like we see many flaws in the American judicial system, but it is considered an ideal judicial model in terms of facilities and judicial process for the world’s judicial system.