Supreme Court as the guardian of the Indian Constitution

Supreme Court as the guardian of the Indian Constitution

QUES . Critically examine the role of the Supreme Court as the guardian of the Indian Constitution. UPSC IES/ISS EXAM 2020 General Studies. 200 Words. 5 Marks

HINTS:

Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of the citizens, and to uphold the values of rule of law. Hence, it is known as the Guardian of our Constitution.

The role of the Supreme Court is essential in the constitutional system in India. The most important responsibility is to ensure that laws are fairly administered and to make sure that no citizen is denied justice by any court in the country.

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It is the biggest tribunal that has to draw the line between individual rights and society’s strength. It acts as the “guardian of social reform”.

Supreme Court also serves as a unifying factor in the country. It ensures perfection in constitutional, civil and criminal laws. It’s like in fact “the cement that has held the entire federal structure together”. Therefore, it is expected to serve as the Federation’s balance wheel.

Must read: Writ jurisdictions of the Supreme Court and High Court

The Supreme Court can be labeled as the Constitution’s defender hence it can be regarded as the guardian of the constitution as well as the people it governs, and their rights. It has the power of judicial review to interpret the Constitution and protect people’s liberties.

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The Supreme Court of India has successfully served as the Constitution’s guardian since 1950 as shown by issuing landmark decisions in A. K. Gopalan vs. the State of Madras, Dr. Pratap Singh vs. the State of Punjab, K. M. Nanavati vs. the State of Bombay, and others. It acted with great bravery when it declared the Bihar Zamindari Abolition Act to be ultra vires. To make the abolition of Zamindari legal, the Parliament had to amend the Constitution.

Must read: Difference between judicial activism and judicial overreach

Since 1950, the Supreme Court has demonstrated that its judges have acted with dignity, impartiality and independence. As the concept of public interest litigation emerged, the role of the Supreme court has been expanded further.

External link: https://en.wikipedia.org/wiki/Supreme_Court_of_India

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