How is US law different from India?
Asked by: Alfonzo Grimes | Last update: October 3, 2025Score: 4.5/5 (65 votes)
In India, the Constitution does not have a provision directly stating rule of law, but many provisions of the Constitution reflect the concept of rule of law. In the Constitution of U.S., Article IV reflect rule of law that states that the Constitution is the Supreme Power of the land.
What is the difference between Indian and US legal system?
The US follows the inquisitorial system whereas India follows an adversarial system of law where judges do not have an active role and insist upon the due process of law.
How is India different from the USA?
Indians are brought up to be dependent on the family, or group, for direction, rather than to think independently. The culture in the US is almost the opposite; individuals are expected to fend for themselves and face the consequences of their actions.
What is the difference between US law and international law?
International law relates to the governing of behavior and conduct of nations within international governing systems, whereas national law pertains only to the conduct and behavior of persons within a particular nation.
How India is different from USA Supreme Court?
The United States Supreme Court sits as a unified bench of nine justices. The Indian Supreme Court sits in panels, and can have up to thirty-one justices.
The Legal Systems We Live In Today
What is the difference between original jurisdiction of India and USA?
(2) The original jurisdiction of the American Supreme court covers not only federal cases but also cases related to naval forces, maritime and air activities, etc. On the other hand, the original jurisdiction of the Supreme Court of India covers only federal cases.
Who has more power than Supreme Court in India?
President of India is more powerful than Supreme Court Chief Justice. As for president u have to bring special law in parliament for sacking him, as same for Chief Justice also in special law to can sack the apex court chief. But president has more power under the constitution beside Chief...
Does US law supersede international law?
If the international agreement is a non-self-executing treaty, it would not supersede inconsistent state or local law in the same way a federal statute would, but the courts nevertheless would not permit a state of the union to force the United States to breach its international obligation to other countries under the ...
Does the United States obey international law?
In the United States, neither state constitutions nor the federal Constitution, nor state or federal legislation, have expressly incorporated international law; from our beginnings, how- ever, following the English tradition, courts have treated international law as incorporated and applied it as domestic law.
Does US law apply internationally?
Despite the presumption against extraterritoriality, many federal criminal statutes expressly apply outside U.S. borders. Some of the main categories include: Crime in U.S. territorial waters or vessels. Implementing treaties and international agreements.
Is life easier in USA or India?
Quality of Life
In contrast, the USA has a higher standard of living. It boasts better infrastructure and more conveniences. Yet, it comes with a higher cost of living and a more individualistic society. Many times Indians living in the US desire the maids which are common in Indian households.
What is the difference between the federal system of India and the United States?
The American federal system is based on dual federalism, where the federal and state governments operate autonomously within their respective spheres of authority. In contrast, the Indian federal system is characterised by a three-tiered structure of government and cooperative federalism.
What is different about India?
Modern India is one of the most diverse countries in the world: a subcontinent home to over 100 languages, over 700 different tribes and every major religion in the world. India's diversity is reflected in its religions, ethnicities, and customs across a population of 1.4 billion people.
How are the laws in India different from the United States?
In India, there are limitations on the transfer of agricultural land, whereas, in the US, property rights are protected under the Constitution's Fifth Amendment. Furthermore, Indian and American law differ in their marriage and family law treatment.
Is Indian law valid in USA?
An Indian law degree is valid in the USA, but Indian lawyers need to complete additional qualifications, such as an LLM (Master of Laws) from an ABA-accredited U.S. law school, to meet the eligibility requirements for U.S. state bar exams.
How are fundamental rights different in India and USA?
The right to property is a fundamental right in the US but not in India. Further, in the US, no person's life and liberty shall be deprived without “due process” of law. In India, a person's life and liberty shall be deprived according to the “procedure established by law”.
Do US citizens have to follow US laws abroad?
While in a foreign country, a U.S. citizen is subject to that country's laws and regulations which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law.
Has the US ever broken a treaty?
From 1778 to 1871, the United States government entered into more than 500 treaties with the Native American tribes; all of these treaties have since been violated in some way or outright broken by the U.S. government, with Native Americans and First Nations peoples still fighting for their treaty rights in federal ...
Why has the US not signed the law of the Sea?
The United States objected to Part XI of the Convention on several grounds, arguing that the treaty was unfavorable to American economic and security interests. The U.S. claimed that the provisions of the treaty were not free-market friendly and were designed to favor the economic systems of the Communist states.
What falls under international law?
International law encompasses many areas, including human rights, disarmament, transnational organized crime, refugees, migration, statelessness, the treatment of prisoners, the use of force, the conduct of war, the environment, sustainable development, the oceans, outer space, global communications and world trade.
What treaties has the US not signed?
Among the treaties are the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), the Ottawa Treaty (Mine Ban Treaty), the Convention on ...
Are all states equal in international law?
All States enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political or other nature.
Can a president overturn a Supreme Court decision in India?
In simple words, the executive cannot work as a legislative or a judicial body, the judicial body cannot enact laws or act as an executive, the legislature cannot interpret laws, decide on cases or exercise executive powers.
What is the rule of law in India?
Rule of Law – Meaning & Scope
This in essence means that no man can be arrested, punished or be lawfully made to suffer in body or in goods except by the due process of law and for breach of a law established in the ordinary legal manner before the ordinary courts of the land.
Which is the most powerful Supreme Court in the world?
The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority.