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Consider the following statements with respect to the judicial systems of India and United States of America (USA):
  1. In India, a single system of courts enforces both Central laws as well as state laws whereas in the USA, the federal laws are enforced by the federal judiciary, and the state laws are enforced by the state judiciary.
  2. The Supreme Courts of both the USA and India enjoy advisory jurisdiction.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements with respect to the judicial systems...
  • Unlike the American Constitution, the Indian Constitution has established an integrated judicial system with the Supreme Court at thetop and the high courts below it. Under a high court (and below the state level), there is a hierarchy of subordinate courts, that is, district courts and other lower courts. This single system of courts enforces both Central laws as well as the state laws. In USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. Hence statement 1 is correct.
  • The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The US Constitution does not have a parallel provision of an advisory opinion. There is neither express power nor an express ban on the use of such power within the constitution. However, the US Supreme Court has maintained a consistent opinion that no such power could be exercised by the court as it violates the principle of separation of powers. Hence statement 2 is not correct.
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Consider the following statements with respect to the judicial systems...
Statement Analysis:

Statement 1: In India, a single system of courts enforces both Central laws as well as state laws, whereas in the USA, the federal laws are enforced by the federal judiciary, and the state laws are enforced by the state judiciary.
- This statement is correct. In India, there is a single integrated judicial system that enforces both Central laws (enacted by the Parliament) and state laws (enacted by the state legislatures). On the other hand, in the USA, there is a dual system where the federal laws are enforced by the federal judiciary, and the state laws are enforced by the state judiciary.

Statement 2: The Supreme Courts of both the USA and India enjoy advisory jurisdiction.
- This statement is incorrect. The Supreme Court of India does not have advisory jurisdiction. Its primary function is to act as the highest court of appeal and to interpret the Constitution. On the other hand, the Supreme Court of the USA does not have advisory jurisdiction either.
Therefore, the correct answer is option 'A' - 1 only.
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Consider the following statements with respect to the judicial systems of India and United States of America (USA): In India, a single system of courts enforces both Central laws as well as state laws whereas in the USA, the federal laws are enforced by the federal judiciary, and the state laws are enforced by the state judiciary. The Supreme Courts of both the USA and India enjoy advisory jurisdiction.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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