Simone Lawson
The Supreme Court of India, led by the Chief Justice of India, is the custodian and protector of the Indian Constitution. It is the highest authority to interpret and uphold the Constitution, safeguarding the interests of citizens and ensuring that the government performs its duties in accordance with the Constitution. The Supreme Court is tasked with upholding the cherished values enshrined in the Constitution, such as justice, equality, liberty, and individual dignity. It is the final interpreter, protector, and guardian of the Constitution, with the power to examine the validity of amendments made by Parliament.
| Characteristics | Values |
|---|---|
| Custodian of the Indian Constitution | Supreme Court of India |
| Highest authority to interpret the Constitution | Supreme Court of India |
| Highest authority to uphold the Constitution | Supreme Court of India |
| Protects the rights and liberties of the citizens | Supreme Court of India |
| Abides by the values of law | Supreme Court of India |
| Ultimate court of appeal under the Indian Constitution | Supreme Court of India |
| Has extensive powers of original and advisory jurisdictions | Supreme Court of India |
| Guardian of fundamental rights | Supreme Court of India |
| Has the power of judicial review | Supreme Court of India |
| Interpreter and Guardian of the Constitution | Supreme Court of India |
| Authority to examine the validity of constitutional amendments | Supreme Court of India |
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What You'll Learn
The Supreme Court of India is the custodian of the Indian Constitution
The Supreme Court of India is the custodian, protector, and guardian of the Indian Constitution. It is the highest authority to interpret and uphold the Constitution, protecting the rights and liberties of Indian citizens. The Supreme Court ensures that the other branches of the government perform their responsibilities in accordance with the Constitution. It is composed of the Chief Justice of India and 30 to 34 other judges.
The Supreme Court's role as the custodian of the Constitution is twofold. Firstly, it acts as an interpreter of the Constitution, ensuring that the law remains relevant and adaptable to changing societal norms. This interpretive role involves opting for interpretations that best advance the constitutional values of justice, equality, liberty, and individual dignity. Secondly, the Supreme Court serves as a guardian of the Constitution, ensuring that all branches of the government adhere to their duties under the Constitution. This includes checking for overreach, misuse, and errors of law by the legislature and the executive during the law-making process.
The Supreme Court's power of judicial review further underscores its role as the custodian of the Constitution. It can examine the validity of constitutional amendments made by Parliament, ensuring that any changes align with the Constitution's basic structure. The Court's extensive jurisdiction, encompassing original, appellate, and advisory jurisdictions, empowers it to uphold the Constitution's supremacy and protect the fundamental rights of citizens.
In a speech at Columbia Law School, Justice Gavai, who is in line to become the Chief Justice of India, emphasized the transformative role of the Indian Constitution. He highlighted the judiciary's duty as the custodian of constitutional values, reflecting on how the Constitution has transformed Indian society by upholding key freedoms, equality, and justice. Justice Gavai's remarks underscore the critical function of the Supreme Court in preserving and interpreting the Indian Constitution to ensure a society founded on democratic values.
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The Supreme Court interprets and upholds the Constitution
The Indian Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. It is the supreme legal authority and binds the legislative, executive, and judicial organs of government. The Constitution grants all citizens fundamental rights and empowers the independent judiciary to invalidate legislations or government actions that violate the Constitution.
The Supreme Court of India is the custodian, interpreter, and protector of the Constitution. It is the highest court in the land, with its decisions binding on all other Indian courts, as well as the union and state governments. The Supreme Court is tasked with ensuring that all branches of the government perform their duties in accordance with the Constitution. It has the power of judicial review, allowing it to examine the validity of constitutional amendments and invalidate both normal laws and constitutional amendments that conflict with the Constitution's basic structure.
The Supreme Court plays a crucial role in safeguarding the fundamental rights of citizens. It has offered expansive interpretations of Article 21 (Life and Personal Liberty), promoting economic and social rights such as the right to free education, livelihood, a clean environment, and food. Additionally, the Court has vigorously protected civil and political rights, which are traditionally outlined in the Constitution's Fundamental Rights chapter.
The independence of the judiciary is a fundamental aspect of the Indian Constitution. Supreme Court judges are appointed based on strict criteria, and they cannot be removed from office except by an order of the President, with the support of a majority in both Houses of Parliament. This independence ensures that the Supreme Court can impartially interpret and uphold the Constitution, free from external influence or interference.
In summary, the Supreme Court of India is the custodian of the Constitution, entrusted with the responsibility of interpreting and safeguarding its principles. Through its powers of judicial review and its commitment to protecting citizens' fundamental rights, the Court ensures that the Indian government operates within the framework established by the Constitution.
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The Supreme Court is the protector of citizens' rights and liberties
The Supreme Court of India is the custodian and protector of the Indian Constitution. It is the highest authority to interpret and uphold the Constitution, and to protect the rights and liberties of the citizens. The Supreme Court is also the final court of appeal under the Indian Constitution. It has extensive powers in the form of appellate, original, and advisory jurisdictions.
The Supreme Court plays a pivotal role in safeguarding the interests of citizens. It ensures that the other branches of the government, including the legislature and the executive, perform their duties in accordance with the Constitution and do not overreach their assigned roles. The Court's power of judicial review further reinforces its role as the guardian of fundamental rights, as outlined in Article 32.
In a speech at Columbia Law School, Judge Gavai, who is in line to become the Chief Justice of India, emphasised the transformative role of the Indian Constitution in upholding justice and democracy. He highlighted the judiciary's duty as the custodian of constitutional values, ensuring that the law remains relevant and adaptable to shifting societal norms.
The Supreme Court's interpretation and application of the Constitution have evolved from a textualist to a living constitutionalist approach. This evolution has expanded the scope of fundamental rights and promoted equality and non-discrimination. The Court's decisions, such as upholding the freedom of speech and expression under Article 19(1)(a), demonstrate its commitment to protecting citizens' rights and liberties.
In conclusion, the Supreme Court of India serves as the protector of citizens' rights and liberties through its role as the custodian of the Indian Constitution. It ensures that the government functions within the framework of the Constitution and interprets and applies the law in a manner that upholds the values and freedoms enshrined in it.
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The Supreme Court is the final court of appeal
The Indian Constitution outlines that the Supreme Court is the highest authority to interpret and uphold the Constitution of India. It is the highest judicial forum and the final court of appeal under the Constitution of India. The Supreme Court is made up of the Chief Justice of India and 30-34 other judges.
The Supreme Court acts as the final interpreter, protector, and guardian of the Indian Constitution. It is the only court with the power of judicial review. The Supreme Court ensures that all branches of the government perform their duties in accordance with the Constitution. It also ensures that the other organs of government do not exceed their assigned roles.
The Supreme Court is the guardian of fundamental rights, as outlined in Article 32. It also has the authority to examine the validity of any amendments made to the Constitution. For example, in a recent judgement, the Supreme Court held that disclosure of information on electoral bonds to the voter cannot be restricted on the grounds of informational privacy. This judgement expanded the freedom of speech and expression under Article 19(1)(a) to include the right to information.
The Supreme Court's role as the final court of appeal is crucial in upholding the values of the Indian Constitution, protecting the rights and liberties of Indian citizens, and ensuring that the law remains relevant in a changing society.
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The Supreme Court is the guardian of fundamental rights
The Indian Constitution has made the Supreme Court of India its custodian and protector. The Supreme Court is the final court of the land, or the apex court of appeal, and is tasked with interpreting and safeguarding the constitution. It ensures that the other branches of government perform their responsibilities in accordance with the constitution.
Article 32 of the Constitution, or the Right to Constitutional Remedies, is a fundamental right that states that individuals have the right to approach the Supreme Court seeking enforcement of other fundamental rights recognized by the Constitution. This means that if a person feels that their fundamental rights have been violated, they can directly petition the Supreme Court for help.
Article 226 of the Constitution empowers a high court to issue writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights of the citizens. This means that if a lower court finds that a person's fundamental rights have been violated, they can issue an order to the government or another body to correct the violation.
The Supreme Court is an important pillar of democracy in India. It has the power of judicial review, which means that it can act as a watchdog over the executive and legislature, ensuring that they do not overreach or misuse their powers. This helps to protect the rights and freedoms of the people of India.
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Frequently asked questions
The Supreme Court of India is the custodian of the Indian Constitution.
The custodian of the Indian Constitution is responsible for interpreting and upholding the Constitution, as well as protecting the fundamental rights and liberties of Indian citizens.
The Supreme Court has the power of judicial review and is the final interpreter and protector of the Constitution. It ensures that all branches of the government perform their duties in accordance with the Constitution.
The custodian of the Indian Constitution, through the Supreme Court, has played a pivotal role in upholding the values enshrined in the Constitution, such as justice, equality, liberty, and individual dignity. It has also expanded the scope of fundamental rights and promoted equality and non-discrimination.
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