Judiciary · Judicial review and judicial activism
Q1. Who is the guardian/protector of the Constitution of India?
- (a) President
- (b) Supreme Court
- (c) Prime Minister
- (d) Parliament
Answer & solution
Answer: (b) Supreme Court
Correct Answer: Supreme Court — Option (b)
The Supreme Court of India is the guardian and protector of the Constitution of India. About the Supreme Court as Constitutional Guardian: Power of Judicial Review: The Supreme Court has the power to examine (review) the constitutionality of any law passed by Parliament or a State Legislature, and any executive action; It can strike down laws that violate the Constitution; This is its most important function as guardian of the Constitution; Constitutional basis: Article 13: Declares laws inconsistent with or in derogation of Fundamental Rights to be void; Article 32: Right to Constitutional Remedies — guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; Article 131: Original jurisdiction in disputes between Centre and States; Article 132-136: Appellate jurisdiction; Article 141: Law declared by SC is binding on all courts; Article 142: SC can pass any decree necessary to do complete justice; Article 143: Advisory jurisdiction (President can refer questions of law); Role as guardian: Upholds Fundamental Rights (Part III of Constitution); Enforces Directive Principles (Part IV) indirectly; Protects the basic structure of the Constitution ( Kesavananda Bharati Case, 1973 — established Basic Structure Doctrine); Interprets the Constitution authoritatively; Acts as a check on both the Legislature and Executive; Key doctrine: Basic Structure Doctrine (1973): Even Parliament cannot amend the basic/fundamental features of the Constitution; SC is the final authority on what constitutes the basic structure; Examples: Secularism, federalism, judicial review, democracy are part of basic structure; About the President: President is the constitutional head but NOT the guardian of the Constitution; He is bound by the advice of the Council of Ministers (Article 74).
Option (a) President — Incorrect: The President of India is NOT considered the guardian of the Constitution; the President is the constitutional head of the executive and acts on the advice of the Council of Ministers; while the President takes an oath to preserve, protect and defend the Constitution (Article 60), the institutional role of guardian/protector is played by the Supreme Court through judicial review; the Supreme Court can check unconstitutional actions even by the President.
Option (c) Prime Minister — Incorrect: The Prime Minister is NOT the guardian of the Constitution; the PM is the head of the Council of Ministers and the effective head of the executive; while the PM also takes an oath to bear true faith and allegiance to the Constitution (Article 75), the role of constitutional guardian belongs to the Supreme Court which has the power of judicial review to strike down unconstitutional actions.
Option (d) Parliament — Incorrect: Parliament is NOT considered the guardian of the Constitution; while Parliament has the power to amend the Constitution (Article 368), even Parliament cannot violate the basic structure of the Constitution ( Kesavananda Bharati Case, 1973); the Supreme Court serves as the guardian of the Constitution and can strike down parliamentary legislation that violates constitutional provisions; in fact, the Supreme Court acts as a check on Parliament's power. The candidate incorrectly selected this option.
The Supreme Court of India is the guardian and protector of the Constitution of India. About the Supreme Court as Constitutional Guardian: Power of Judicial Review: The Supreme Court has the power to examine (review) the constitutionality of any law passed by Parliament or a State Legislature, and any executive action; It can strike down laws that violate the Constitution; This is its most important function as guardian of the Constitution; Constitutional basis: Article 13: Declares laws inconsistent with or in derogation of Fundamental Rights to be void; Article 32: Right to Constitutional Remedies — guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; Article 131: Original jurisdiction in disputes between Centre and States; Article 132-136: Appellate jurisdiction; Article 141: Law declared by SC is binding on all courts; Article 142: SC can pass any decree necessary to do complete justice; Article 143: Advisory jurisdiction (President can refer questions of law); Role as guardian: Upholds Fundamental Rights (Part III of Constitution); Enforces Directive Principles (Part IV) indirectly; Protects the basic structure of the Constitution ( Kesavananda Bharati Case, 1973 — established Basic Structure Doctrine); Interprets the Constitution authoritatively; Acts as a check on both the Legislature and Executive; Key doctrine: Basic Structure Doctrine (1973): Even Parliament cannot amend the basic/fundamental features of the Constitution; SC is the final authority on what constitutes the basic structure; Examples: Secularism, federalism, judicial review, democracy are part of basic structure; About the President: President is the constitutional head but NOT the guardian of the Constitution; He is bound by the advice of the Council of Ministers (Article 74).
Option (a) President — Incorrect: The President of India is NOT considered the guardian of the Constitution; the President is the constitutional head of the executive and acts on the advice of the Council of Ministers; while the President takes an oath to preserve, protect and defend the Constitution (Article 60), the institutional role of guardian/protector is played by the Supreme Court through judicial review; the Supreme Court can check unconstitutional actions even by the President.
Option (c) Prime Minister — Incorrect: The Prime Minister is NOT the guardian of the Constitution; the PM is the head of the Council of Ministers and the effective head of the executive; while the PM also takes an oath to bear true faith and allegiance to the Constitution (Article 75), the role of constitutional guardian belongs to the Supreme Court which has the power of judicial review to strike down unconstitutional actions.
Option (d) Parliament — Incorrect: Parliament is NOT considered the guardian of the Constitution; while Parliament has the power to amend the Constitution (Article 368), even Parliament cannot violate the basic structure of the Constitution ( Kesavananda Bharati Case, 1973); the Supreme Court serves as the guardian of the Constitution and can strike down parliamentary legislation that violates constitutional provisions; in fact, the Supreme Court acts as a check on Parliament's power. The candidate incorrectly selected this option.