Simone Lawson
The Supreme Court is the highest judicial court in India and acts as the Custodian of the Constitution. It is the final court of appeal under the Constitution of India and has the power of judicial review. The Supreme Court ensures that all government branches perform their duties in accordance with the constitution and safeguards public interest by checking into overreach, misuse, and error of law. It also acts as an interpreter of the constitution and is responsible for examining the validity of amendments to the constitution.
| Characteristics | Values |
|---|---|
| Custodian of the Constitution | Protects citizens' rights and liberties as given in the Constitution |
| Guardian of the Constitution | Upholds the rule of law |
| Interpreter of the Constitution | Examines the validity of amendments to the Constitution |
| Guardian of Fundamental Rights | Ensures the Right to Life is a Fundamental Right under Article 21 |
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What You'll Learn
The Supreme Court is the guardian of fundamental rights
The Supreme Court is the highest court in India and is considered the custodian of the Constitution. The Supreme Court is also the guardian of fundamental rights, as outlined in Article 32. It has the power of judicial review and safeguards the public interest by checking for overreach, misuse, and error of law.
The Supreme Court plays a crucial role in upholding the rule of law and protecting citizens' rights and liberties as granted by the Constitution. It resolves conflicts between the central government and state governments, as well as between the legislature and the executive. The Court ensures that all branches of the government perform their duties in accordance with the Constitution, maintaining a system of checks and balances.
As the interpreter of the Constitution, the Supreme Court examines the validity of amendments to the Constitution. While the authority to amend the Constitution rests with Parliament, the Supreme Court ensures that any changes are in line with the Constitution's basic structure, as established in the Keshavananda Bharati case.
The Supreme Court's role as the guardian of fundamental rights is evident in its rulings. For example, the Court has held that the Right to Life is a Fundamental Right under Article 21 of the Constitution. This interpretation ensures that citizens' fundamental rights are protected and upheld by the highest court in the land.
In conclusion, the Supreme Court of India serves as the custodian of the Constitution and the guardian of fundamental rights. Through its powers of judicial review and interpretation, the Court ensures that the government functions within the framework of the Constitution and protects the rights and liberties of citizens.
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The Court ensures the protection of citizens' rights and liberties
The Supreme Court is the highest court in India and acts as a custodian of the Constitution. It is also the guardian of fundamental rights (Article 32) and has the power of judicial review. The Supreme Court ensures that citizens' rights and liberties are protected as given in the Constitution.
The Indian Judiciary is an integrated, powerful, and independent branch. While the Legislature and the Executive participate directly in the law-making process, the judiciary safeguards the public interest by checking for overreach, misuse, and errors of law.
The Supreme Court is also an interpreter of the Constitution. It has the authority to examine the validity of amendments to the Constitution, which can only be amended by Parliament (except for the Basic structure: Keshavananda Bharati case). The Supreme Court ensures that all branches of the government perform their duties in accordance with the Constitution through various checks and balances.
In one case, the Supreme Court held that the Right to Life is a Fundamental Right under Article 21 of the Constitution.
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It has the power of judicial review
The Supreme Court is the highest judicial court in India and is considered the custodian of the Indian Constitution. It is the final court of appeal under the Constitution of India and is also the highest constitutional court.
The Supreme Court has the power of judicial review, which means it can examine the validity of amendments to the Constitution. While the authority to amend the constitution is with Parliament, the Supreme Court ensures that all branches of the government perform their duties in accordance with the constitution through various checks and balances.
The Supreme Court plays a crucial role in safeguarding the fundamental rights of citizens. It acts as an interpreter and guardian of the Constitution, ensuring that the rights and liberties of citizens, as outlined in the Constitution, are protected. For example, in one case, the Supreme Court held that the Right to Life is a Fundamental Right under Article 21 of the Constitution.
The Court also resolves conflicts between the central government and state governments or between the legislature and the executive, thereby upholding the rule of law and ensuring that government actions do not violate the constitutional rights of citizens.
In conclusion, the Supreme Court's power of judicial review is a vital tool in safeguarding the Indian Constitution and ensuring that the government functions within the boundaries set by the Constitution.
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The Supreme Court is the interpreter of the Constitution
The Indian Constitution provides for the Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary). It is the highest judicial court and the final court of appeal under the Constitution, with the power of judicial review. The Supreme Court ensures that all branches of the government perform their duties in accordance with the Constitution through various checks and balances.
The Supreme Court is also known as the Guardian of Fundamental Rights (Article 32). It has the authority to examine the validity of amendments to the Constitution, although the authority to amend the Constitution rests with Parliament.
In summary, the Supreme Court plays a vital role in safeguarding the Indian Constitution and ensuring that the government functions within the boundaries set by it. Through its power of interpretation and review, the Supreme Court acts as a custodian and guardian of the Constitution, protecting the fundamental rights and liberties of Indian citizens.
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The Court can examine the validity of amendments to the Constitution
The Supreme Court is the highest court in India and is considered the guardian of the Constitution. It is the final court of appeal under the Constitution of India and has the power of judicial review.
The Supreme Court can examine the validity of amendments to the Constitution. This power was established in the Keshava Nanda Bharti case of 1973, where it was ruled that any constitutional amendment that goes against the basic structure of the Constitution can be nullified by the Supreme Court. This power was later put into practice in the Raj Narain case of 1975, where the top court used the Basic Structure doctrine for the first time to strike down a Constitutional Amendment.
However, it is important to note that the Supreme Court has also upheld the validity of certain laws, even when they were challenged for violating the Basic Structure of the Constitution. For example, in a 2024 case, the Supreme Court upheld the validity of the Uttar Pradesh Madrasa Education Board Act, with Chief Justice Chandrachud reasoning that allowing courts to strike down legislation for violating concepts like democracy, federalism, and secularism would "introduce an element of uncertainty in our constitutional adjudication".
Furthermore, the 42nd Amendment Act of 1976 curtailed the judicial review power of high courts and prevented them from considering the constitutional validity of central laws. However, this was reversed by the 43rd Amendment Act of 1978, which restored the original jurisdiction of high courts to declare any central law constitutionally invalid.
In conclusion, the Supreme Court's role as a custodian of the Constitution involves examining the validity of amendments and ensuring they align with the basic structure of the Constitution. While the Court has the power to nullify amendments that violate the Basic Structure doctrine, it also considers the potential implications of striking down legislation on the basis of vague and undefined concepts.
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Frequently asked questions
The Supreme Court of India is the custodian of the Constitution of India.
The Supreme Court acts as a guardian of the Constitution, ensuring that all branches of the government perform their duties in accordance with the Constitution.
The Supreme Court has the power of judicial review, allowing it to examine the validity of constitutional amendments and uphold the rule of law.
The Supreme Court is also a guardian of fundamental rights, protecting citizens' rights and liberties as outlined in the Constitution.
Yes, in one case, the Supreme Court held that the Right to Life is a Fundamental Right under Article 21 of the Constitution.
