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HCS (Haryana)Mains2004

Question

Q3(a). Supreme Court is a guardian of the Constitution. Discuss.

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Model Answer

“The Supreme Court stands between the citizen and the State as the sentinel on the qui vive.”

– Justice Patanjali Sastri

The Supreme Court of India acts as the guardian and final interpreter of the Constitution, ensuring that all institutions legislature, executive, and subordinate judiciary function within constitutional limits. Its authority emanates from judicial review, fundamental rights protection, and constitutional supremacy.

Judicial Review: Core of Constitutional Guardianship

Under Articles 13, 32, 136, 141, 142 and 226, the Court can strike down laws and executive actions violating constitutional principles.

Landmark cases:

  • Kesavananda Bharati (1973): basic structure doctrine,
  • Minerva Mills (1980): limits on Parliament’s amending power.

In Haryana, judicial review played a major role in sensitive disputes like SYL Canal adjudication, reinforcing federal balance.

Protector of Fundamental Rights

Article 32 empowers citizens to directly approach the SC for rights violations called the “heart and soul of the Constitution” (Ambedkar).

Rights expanded through judicial interpretation:

  • Right to privacy (Puttaswamy, 2017),
  • Right to clean environment (MC Mehta series),
  • Right to dignity and equality (Navtej Johar, 2018).

SC orders curbing illegal mining in the Aravallis of Haryana reinforced environmental rights.

Basic Structure Doctrine Ensures Constitutional Continuity

The Court protects foundational principles secularism, federalism, judicial independence, rule of law from being altered by transient political majorities.

Ensuring Accountability and Good Governance

Through Public Interest Litigations (PILs), the Court has intervened in:

  • electoral reforms,
  • corruption cases (2G, coal block),
  • police reforms (Prakash Singh case, applicable to Haryana too).

By interpreting, reviewing, and enforcing the Constitution, the Supreme Court ensures constitutional supremacy, democratic stability, and protection of citizens making it the true guardian of the Constitution.

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2004 — Supreme Court is a guardian of the Constitution. Discuss. | Dr. Amit IAS Academy