Q. Who/Which of the following is the custodian of the Constitution of India? (UPSC Prelims 2015)
Answer:
The Supreme Court of India
Notes: The correct answer is
[D] The Supreme Court of India.While several institutions play a role in upholding the democratic fabric of the country, the Supreme Court is specifically designated as the
Custodian and the
Final Interpreter of the Constitution.Why the Supreme Court is the Custodian:
- Power of Judicial Review: Under Article 13, the Supreme Court has the authority to declare any law passed by the Parliament or a State Legislature "null and void" if it contravenes the fundamental rights or the basic structure of the Constitution.
- Guardian of Fundamental Rights: Under Article 32, a citizen can directly approach the Supreme Court (the "Right to Constitutional Remedies") if their fundamental rights are violated. Dr. B.R. Ambedkar famously called this article the "Soul of the Constitution."
- Final Interpreter: If there is any ambiguity regarding the language or intent of a constitutional provision, the Supreme Court's interpretation is final and binding on all other courts and authorities in India.
- Basic Structure Doctrine: Through the landmark Kesavananda Bharati case (1973), the Court established that while Parliament can amend the Constitution, it cannot alter its "basic structure" (like secularism, federalism, or the rule of law).
Analysis of the Other Options:- The President (Option A): Under Article 60, the President takes an oath to "preserve, protect, and defend" the Constitution. However, the President acts on the advice of the Council of Ministers and does not have the judicial power to strike down laws. Therefore, the President is the Defender, while the Supreme Court is the Custodian.
- The Prime Minister (Option B): The PM is the head of the executive. Their role is to implement laws and run the government, not to interpret or guard the Constitution against legislative overreach.
- The Lok Sabha Secretariat (Option C): This is an administrative body that assists the Lower House of Parliament in its day-to-day functioning. It has no judicial or constitutional guarding authority.
Key Constitutional Guardians:| Body | Primary Role |
| Supreme Court | Custodian, Final Interpreter, Guardian of Fundamental Rights. |
| President | Nominal Executive Head, Oaths to protect/defend. |
| CAG of India | Guardian of the Public Purse. |
| Election Commission | Guardian of Free and Fair Elections. |