Previous Year Question

The Supreme Court is regarded as the custodian of the Constitution because it is the final interpreter of the Constitution and maintains constitutional supremacy through judicial review.

• Article 13 makes laws inconsistent with Fundamental Rights void to the extent of inconsistency. The Supreme Court can examine the constitutional validity of such laws.

• Article 32 enables citizens to approach the Supreme Court directly for the enforcement of Fundamental Rights. It can issue writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto.

• Under Article 141, the law declared by the Supreme Court is binding on all courts in India. Article 142 empowers it to pass orders necessary for doing complete justice.

• In the Kesavananda Bharati case, 1973, the Supreme Court evolved the Basic Structure doctrine. Parliament may amend the Constitution under Article 368, but it cannot destroy its basic structure.

• Article 137 empowers the Supreme Court to review its own judgments and orders.

Although the President takes an oath under Article 60 to preserve, protect and defend the Constitution, the President is not its final interpreter. High Courts also exercise judicial review under Article 226, but the Supreme Court remains the apex court and final constitutional authority.