Who/Which of the following is the custodian of the Constitution of India?

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2015 UPSC Prelims Indian Polity & Governance paper.

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Question

Who/Which of the following is the custodian of the Constitution of India?

Accepted Answer

Correct Answer: D — The Supreme Court of IndiaStep-by-step Solution:The Supreme Court of India is the custodian, interpreter, and guardian of the Indian Constitution. This role derives from several constitutional provisions and judicial doctrines:Judicial Review: The Supreme Court has the power to examine and strike down any law — whether made by Parliament, State Legislatures, or the executive — if it violates the Constitution. This judicial review power (drawn from Articles 13, 32, 131-136) makes the Supreme Court the ultimate arbiter of constitutional validity.Fundamental Rights Guardian (Article 32): Article 32 gives individuals the right to move the Supreme Court directly for enforcement of Fundamental Rights — and Dr. Ambedkar called this article the 'heart and soul of the Constitution.' The Supreme Court has expansive power to issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) for enforcement of rights.Basic Structure Doctrine: Through the Kesavananda Bharati judgment (1973), the Supreme Court established that it has the power to scrutinise even constitutional amendments and strike them down if they damage the Constitution's basic structure — asserting supreme authority over the Constitution's essential features.Constitutional Interpretation: The Supreme Court's interpretation of constitutional provisions is authoritative and binding on all courts and authorities in India (Article 141 — law declared by Supreme Court is binding on all courts).Why other options are incorrect:Option A (President): The President is the constitutional head of state and takes an oath to preserve, protect, and defend the Constitution (Article 60). However, the President acts on advice of the Council of Ministers and does not have independent judicial review power. The President cannot strike down laws as unconstitutional.Option B (Prime Minister): The PM is the head of government, not the constitutional guardian. The PM's role is policy-making and administration — not constitutional adjudication.Option C (Lok Sabha Secretariat): The Lok Sabha Secretariat provides administrative support to the Lok Sabha — it has no role in constitutional interpretation or guardianship.Key Concept: Supreme Court's constitutional roles: (1) Guardian of Constitution — judicial review, basic structure doctrine; (2) Interpreter — Article 141 makes SC's constitutional interpretation binding; (3) Protector of Fundamental Rights — Article 32 jurisdiction, writs; (4) Court of highest appeal — civil, criminal, constitutional matters; (5) Advisor — Article 143 (Presidential reference for advisory opinion); (6) Adjudicator of inter-governmental disputes — Article 131 (original jurisdiction in Centre-State, State-State disputes). Chief Justice of India is the head of the judiciary and administrative head of the Supreme Court. India has an integrated judicial system with the Supreme Court at the apex.

Who/Which of the following is the custodian of the Constitution of India?

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Who/Which of the following is the custodian of the Constitution of India?

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More Questions from Supreme Court – Powers, Jurisdiction & Landmark Cases

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