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UPSC MainsGeneral Studies Paper IIConstitutionPractice question

Role of Supreme Court in Protecting Constitution

Explain the role of the Supreme Court in protecting the Constitution.

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How to approach

Introduce the Supreme Court's constitutional role as the ultimate interpreter and guardian of the Constitution under Articles 124-147. In the body, outline key mechanisms such as the Basic Structure doctrine, writ jurisdiction, adjudication of federal disputes, and extraordinary powers under Article 142. Conclude by highlighting the balance between judicial activism and self-restraint.

Model answer

292 words

Introduction

As the designated 'guardian of the Constitution' under Part V (Articles 124–147), the Supreme Court of India ensures constitutional supremacy, institutional checks and balances, and the rule of law. It operates as the final arbiter of constitutional interpretation and a counter-majoritarian institution protecting foundational democratic values.

Key Roles in Protecting the Constitution

  • Safeguarding Constitutional Identity (Basic Structure Doctrine): In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court circumscribed Parliament's amending power under Article 368, holding that the core identity or 'Basic Structure' of the Constitution cannot be abrogated. This principle was further reinforced in Minerva Mills (1980) to maintain a balance between Fundamental Rights and Directive Principles.
  • Defending Fundamental Rights: Under Article 32, termed the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar, the Court exercises writ jurisdiction to remedy constitutional infringements. It has widened civil liberties by reading 'due process of law' into Article 21 (Maneka Gandhi, 1978) and recognizing privacy as an intrinsic fundamental right (K.S. Puttaswamy, 2017).
  • Maintaining Federal Equilibrium: Under its exclusive Original Jurisdiction under Article 131, the Court adjudicates legal disputes between the Centre and States or between States. In S.R. Bommai v. Union of India (1994), it established federalism as a basic feature and curbed the arbitrary imposition of President's Rule under Article 356.
  • Securing Complete Justice: Utilizing its plenary powers under Article 142, the Supreme Court can pass decrees or orders necessary to do complete justice in any cause or matter, often stepping in to protect constitutional rights and resolve institutional vacuums.

Conclusion

By balancing proactive judicial protection with institutional self-restraint, the Supreme Court ensures that the Indian Constitution operates as an enduring, living document capable of protecting democratic governance and the fundamental rights of citizens.

Key facts to remember

definition
Basic Structure Doctrine

A judicial principle formulated in the Kesavananda Bharati case (1973) stating that Parliament cannot alter or destroy the essential framework and foundational values of the Indian Constitution.

case study
S.R. Bommai v. Union of India (1994)

The Supreme Court subjected the proclamation of President's Rule under Article 356 to judicial review, establishing federalism and secularism as part of the Constitution's basic structure and protecting state autonomy.

scheme
Article 142 of the Constitution of India

Empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it, ensuring constitutional equity when statutory provisions are silent.

Frequently asked questions

Which constitutional articles empower the Supreme Court to protect the Constitution?

Key provisions include Article 13 (power of judicial review), Article 32 (writ jurisdiction for fundamental rights), Article 131 (original jurisdiction for federal disputes), and Article 142 (power to do complete justice).

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