UPSC Prelims 2015 Q61: Indian Polity – Judiciary

UPSC Prelims 2015, General Studies Paper I · Indian Polity

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

Answer: (d) The Supreme Court of India

Explanation

Custodian of the Constitution of India

The Supreme Court is the custodian (guardian) of the Constitution.

It is the final interpreter of what the Constitution means.

Power	Article	Meaning
Judicial review	13	Can strike down laws that violate Fundamental Rights
Writ jurisdiction	32	Enforces Fundamental Rights directly
Original jurisdiction	131	Settles Centre-State and inter-State disputes
Law declared is binding	141	On all courts in India

The other options:

Option	Actual role
(a) The President of India	Takes an oath to preserve, protect and defend the Constitution, but does not interpret it
(b) The Prime Minister of India	Head of the Government
(c) The Lok Sabha Secretariat	Office staff of the House

Answer: (d) The Supreme Court of India.

(a) Incorrect. The President swears to defend the Constitution but is not its custodian.
(b) Incorrect. The Prime Minister heads the executive, not the guardianship of the Constitution.
(c) Incorrect. The Lok Sabha Secretariat only assists the House in its work.
(d) CORRECT. The Supreme Court is the custodian and final interpreter of the Constitution.

Supreme Court: custodian of the Constitution and guarantor of Fundamental Rights through judicial review (Articles 13, 32, 131, 141).

Supreme Court = custodian of the Constitution.

Choosing the President because of the oath to defend the Constitution.
Forgetting that High Courts share the power of judicial review under Article 226.
Confusing 'custodian' with head of the State.

Custodian = the one who interprets and protects. That is always the highest court.