ROLE OF SUPREME COURT AS THE INTERPRETER AND GUARDIAN

OF THE CONSTITUTION OF INDIA - AN APPRAISAL

5.2 CONTITUTIONAL LAW

Submitted to

Mr. Himangshu Ranjan Nath

Assistant Professor of Law

Submitted by

Gaurav Kumar

UID SM0116060

3rd Year & 5th Semester

National Law University, Assam

1
 Table of Content

Table of Cases

Table of Statutes

Table of Abbreviations

Introduction

Aim (s)

Objectives (s)

Scope and Limitations (s)

Review of Literature

Research Questions

Research Methodology

Role of Supreme Court of India

Supreme Court as the Interpreter of the Constitution of India

Supreme Court as the Guardian of the Constitution of India

Conclusion

Bibliography

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 Table of Cases

A. K. Gopalan v. the State of Madras. 1950 AIR 27

Dr. Pratap Singh v. the State of Punjab 1964 AIR 72

K. M. Menon v., the State of Bombay 1951 AIR 128

K. M. Nanavati v. the State of Bombay 1961 AIR 112

Harsharan Verma v. Union of India 1987 SCC 310

Ashoka Kumar Thakur v. Union of India 2008 6 SCC 1

Jai Shankar Prasad v. State of Bihar 1993 2 SCC 597

India Cement Ltd v. State of T.N. 1990 1 SCC 12

P. Kannadasan v. State of T.N. 1996 5 SCC 670

B.R. Kapur v. State of T.N. 2001 7SCC

M. Nagaraj v. Union of India 2006 8 SCC 212

Ajay Hasaia v. Khalid Mujib 1981 1 SCC 722

Maneka Gandhi v. Union Of India 1978 AIR 597

State of W.B. v. Anwar Ali Sarkar AIR 1952 SC 75

Ram Krishna Dalmia v. S.R. Tendulkar AIR 1958SC 538

Express Newspaper (P) Ltd. V. Union of India 1959 SCR 12

Minerva Mills Ltd. v. Union of India 1980 3 SCC 625

Supreme Court AoR Assn v. Union of India 2016 5 SCC 1

S.R. Bommai v. Union of India 1994 3 SCC 1

Table of Statutes

 Constitution of India, 1950

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 Table of Abbreviations

v. Versus

AIR All India Reporter

SCC Supreme Court Cases

SC Supreme Court

Art. Article

Introduction

The essence of any democratic government rests on three pillars – the executive, the legislature
and the judiciary. These three pillars constitute the three organs of the government machinery.
The powers and functions of these organs are defined in the constitution of India that constitutes
the supreme law of a democratic government. Under the Constitution, the primary function of
the legislature is to make law, that of the executive is to execute law and that of the judiciary
is to enforce the law. In the enforcement of law, the constitution assigns three roles to the
highest judiciary –

(1) Firstly, as an interpreter of the constitution to solve any ambiguity in the language of any
provision of the constitution;

(2) Secondly, as the guardians/protector of fundamental rights which are guaranteed by the
constitution to its people; and

(3) Thirdly, to resolve the disputes which have come by way of appeals from the lower
judiciary.

Under a federal constitution the judiciary also decides the disputes arising between the federal
authorities and the state authorities. In playing its assigned roles, the judiciary reviews the
actions of the other two organs – the legislature and the executive as to whether they have
exceeded the limits set by the constitution or whether they have encroached the rights of the
people through arbitrary laws and arbitrary actions. This is where judicial activism comes into
play. Through judicial activism the judiciary plays an activist role in performing the tasks
assigned to it by the constitution.

The main aim of this project is to understand:

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1) Role of Supreme Court as the interpreter of the Constitution of India.

2) Role of Supreme Court as the Guardians of the Constitution of India.

Aim (s)

The aim of this projeсt is to study about the role of supreme court of India as the interpreter
and guardian of the Constitution of India.

Objeсtive (s)

 To know the role and function of supreme court of India.

 To understand the role of supreme court as the interpreter of the Constitution.

 To study about the concept of judicial review.

Scope and Limitations (s)

Scope of this project is limited to the study of role of supreme court of India as the interpreter
and guardian of the constitution of India.

Review of Literature

 Jain, M.P., Indian Constitutional Law. LexisNexis (7th Edition), New Delhi, 2015

One of the best books in the field of Constitution. This book by M.P Jain can be considered as
bible, Geeta, Quran etc. of Constitutional Law. The book has been great help to the researcher
in studying about the role of supreme court as the interpreter and guardian of the constitution
of India.

 Basu, D.D., Commentary on the Constitution of India, Vol. 2, 8th Ed., Wadhwa and Co.
Law Publishers, New Delhi, 2007

The commentary by D.D Basu is one of the most sought after book. This book is distributed in
over 7 parts. The book has also been a very good guidance for the researcher.

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 Research Questions

1. What is the role of supreme court as the interpreter of the constitution?

2. What are the role of supreme court as the guardian of the constitution?

3. What is judicial review.

Research Methodology

 Approach to Research

In this project doctrinal research was involved. Doctrinal Research is a research in which
secondary sources are used and materials are collected from libraries, archives, etc. books,
journals, articles were used while making this project.

 Type of Research

Explanatory type of research was used in this project, because the project topic was not
relatively new and unheard of and because various concepts were needed to be explained.

 Sources of Data Collection

Secondary source of data collection was used which involves in collection of data from books,
articles, websites, etc. No surveys or case studies were conducted.

Role of Supreme Court of India: An Analysis

The role of the Supreme Court is one of the utmost importance’s in our constitutional system.
Its first and foremost duty is to see that laws are fairly administered and justice is not denied to
any citizen by any Court in the country. It also acts as a unifying force. It maintains uniformity
in constitutional, civil and criminal laws. Like other federal Courts it acts as the guardian of
the Constitution. It is like “the cement which has fixed firm the whole of the federal structure.
That is why it is expected to act as the balance-wheel of the Federation. It protects the rights
and liberties of the people. The citizens expect the Courts to supply the deficiencies in our
society. They certainly look to the Courts for the redress of any grievance they may have”.1

The Supreme Court, as we have seen, acts as the guardian of the Constitution. It has the power
of judicial review to interpret the Constitution and uphold the liberties of the people. The

1
http://www.shareyouressays.com/essays/essay-on-the-role-of-the-supreme-court-of-india-898-words/93334.

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Supreme Court of India is neither as powerful as the American Judiciary nor as powerless as
the British Judiciary. The Supreme Court of India has defined its own powers in the famous
case of A. K. Gopalan v. the State of Madras.2

It held, “In India the position of Judiciary is somewhere between the Courts of England and
the United States”. In England because there is unlimited legislative supremacy the Courts have
no power to declare any acts of the Parliament as null and void; on the other hand, in the United
States of America the Supreme Court has assumed the power of a “Super-Legislature”. Judicial
Review has shifted the center of gravity in America from the Congress to the Supreme Court.
Therefore, the Supreme Court is attacked as a “citadel of conservatism” and often acts as “a
clog in the wheel of progress”.3

The makers of the Constitution of India were conscious of these two extremes. They neither
provided a powerless Judiciary as in England nor an omnipotent and all powerful Judiciary as
in America. Rightly, a balance is struck and as such the Supreme Court of India is a superb
institution in the constitutional system of India.

It has limited power of judicial review. It acts as the guardian of the Constitution and stops and
checks the arbitrary exercise of power either of the Union or the State Legislature. The Indian
Judiciary, according to a foreign observer, “is not conceived as an additional Constitution-
maker but as a body to apply express law”.

The Judiciary in India is neither a “Super-Legislature” nor “a clog in the wheel of progress”.
Pandit Nehru expressed the role of Supreme Court in the following words: “Within limits no
Judge and no Supreme Court can make itself a Third Chamber. No Supreme Court and no
Judiciary can stand in the judgment over the sovereign will of Parliament representing the will
of the entire community. If we go wrong here and there it can point it out, but in the ultimate
analysis, where the future of the community is concerned no judiciary can come in the way”.4

The Supreme Court can declare the acts of the Parliament as unconstitutional if they violate
the provisions of the Constitution. But the parliament can nullify a judgment of the Supreme
Court by amending the Constitution. Finally, right of amendment of the Constitution is vested
in the Parliament of India. It has been rightly said that “the authority of the Supreme Court in
India is more in the nature of a check on the abuse of authority by the Executive than on the
Legislature”.

2
1950 AIR 27.
3
Ibid.
4
Ibid.

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The Supreme Court of India has successfully acted as the guardian of the Constitution since
1950. It has pronounced monumental judgments in famous cases like A. K. Gopalan v. the
State of Madras, Dr. Pratap Singh v. the State of Punjab, K. M. Menon v., the State of Bombay,
K. M. Nanavati v. the State of Bombay, etc.

The working of the Supreme Court since 1950 has shown that its judges have acted with
dignity, impartiality, and independence.

Role of Supreme Court as the Interpreter of the Constitution of India

A statute is a will of legislature conveyed in the form of text. Interpretation or construction of

a statute is an age-old process and as old as language. It is well settled principle of law that as
the statute is an edict of the Legislature, the conventional way of interpreting or construing a
statute is to seek the intention of legislature. The intention of legislature assimilates two
aspects; one aspect carries the concept of meaning, i.e., what the word means and another
aspect conveys the concept of purpose and object or the reason or spirit pervading through the
statute. The process of construction, therefore, combines both the literal and purposive
approaches. However, necessity of interpretation would arise only where the language of a
statutory provision is ambiguous, not clear or where two views are possible or where the
provision gives a different meaning defeating the object of the statute. For Interpretation of the
Constitution often debate of Constituent Assembly is referred to. As provided in Article 367 of
the Constitution, the General Clauses Act, 1897 applies for the interpretation of the
Constitution also.

It is a well-accepted practice that courts do not undertake interpretation of the Constitution

unless there is a live issue before them. (Harsharan Verma v. Union of India, 1987 Supp SCC
310).5 It has been held in many decisions that when a constitutional provision is interpreted,
the cardinal rule is to look to the Preamble to the Constitution as the guiding star and the
directive principles of State policy as the “book of interpretation”. The Preamble embodies the
hopes and aspirations of the people and directive principles set out the proximate grounds in
the governance of this country. (Ashoka Kumar Thakur v. Union of India, (2008) 6 SCC 1).

A document like the Constitution does not have to incorporate the normal rules of
interpretation. (Jai Shankar Prasad v. State of Bihar, (1993) 2 SCC 597).

5
Background Note on Interpretation of Constitution through judicial decisions by Department of Legal Affairs,
Ministry of Law and Justice.

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Courts of law are enjoined to gather the meaning of the Constitution from the language used
and although one should interpret the words of the Constitution on the same principles of
interpretation as one applies to an ordinary law but these very principles of interpretation
compel one to take into account the nature and scope of the Act which requires interpretation.
It has to be remembered that it is a Constitution that requires interpretation. Constitution is the
mechanism under which the laws are to be made and not merely an Act which declares what
the law is to be. (India Cement Ltd. V. State of T.N., (1990) 1 SCC 12).

Supreme Court is the final arbiter on the interpretation of the Constitution, everybody was
bound by the said declaration of law. (P. Kannadasan v. State of T.N., (1996) 5 SCC 670).

It is the duty of the Supreme Court to interpret the Constitution. It must perform that duty
regardless of the fact that the answer to the question would have a political effect. (B.R. Kapur
v. State of T.N., (2001) 7 SCC).

The Constitution is not an ephemeral legal document embodying a set of legal rules for the
passing hour. It sets out principles for an expanding future and is intended to endure for ages
to come and consequently to be adapted to the various crises of human affairs. Therefore, a
purposive rather than a strict literal approach to the interpretation should be adopted. A
constitutional provision must be construed not in a narrow and constricted sense but in a wide
and liberal manner so as to anticipate and take account of changing conditions and purposes so
that a constitutional provision does not get fossilised but remains flexible enough to meet the
newly emerging problems and challenges. M. Nagaraj v. Union of India, (2006) 8 SCC 212.

Supreme Court has interpreted various provisions of the Constitution and has explained scope
of those provisions. Some of the important provisions of the Constitution have been interpreted
in following manner:

(i) The term “the State” in Article 12 of the Constitution has been interpreted to include
authorities which are instrumentality or agency of the State. (Ajay Hasia v. Khalid Mujib
Sehravardi, (1981) 1 SCC 722).

(ii) A classification is valid on the anvil of Article 14, if the same is reasonable and that is it is
based on a reasonable and rational differentia and has a nexus with the object sought to be
achieved. (State of W.B. v. Anwar Ali Sarkar, AIR 1952 SC 75 and Ram Krishna Dalmia v.
S.R. Tendulkar, AIR 1958 SC 538).

(iii) Reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Class
in the field of education and service is permissible. But extent of such reservation cannot exceed
50% of total seats/posts. (M.R. Balaji & Indira Sawhney).

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(iv) The State is not bound to make reservation for SCs/STs in matters of promotions. However,
if they wish to exercise their discretion and make such provision, the State has to collect
quantifiable data showing backwardness of the class and inadequacy of representation of that
class in public employment in addition to compliance with Article 335 of the Constitution.Even
if the State has compelling reasons, as stated above, the State will have to see that its reservation
provision does not lead to excessiveness so as to breach the ceiling limit of 50% or obliterate
the creamy layer or extend the reservation indefinitely.” M. Nagaraj v. Union of India, (2006)
8 SCC 212.

(v) Freedom of speech and expression under Article 191) includes within its scope the freedom
of the press. (Express Newspaper (P) Ltd. v. Union of India, 1959 SCR 12)

(vi) Article 21 provides that no person shall be deprived of his life or personal liberty except
according to the procedure established by law. In Maneka Gandhi v. Union of India it was held
by the majority that the procedure contemplated by Article 21 must be “right and just and fair
and not arbitrary, fanciful or oppressive; otherwise, it would be no procedure at all and the
requirement of Article 21 would not be satisfied. Right to life enshrined in Article 21 means
right to have something more than survival and not mere existence or animal existence. It
includes all those aspects of life which go to make a man's life meaningful, complete and worth
living.

(vii) Fundamental rights are not to be read in isolation. They have to be read along with the
chapter on directive principles of State policy and the fundamental duties enshrined in Article
51-A.

(viii) The significance of the perception that Parts III (Fundamental Rights) and IV (Directive
Principles of State Policy) together constitute the core of commitment to social revolution and
they, together, are the conscience of the Constitution is to be traced to a deep understanding of
the scheme of the Indian Constitution. The Indian Constitution is founded on the bedrock of
the balance between Parts III and IV. To give absolute primacy to one over the other is to
disturb the harmony of the Constitution. This harmony and balance between fundamental rights
and directive principles is an essential feature of the basic structure of the Constitution.
(Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625).

(ix) Article 368 enables Parliament to amend any provision of the Constitution. The power
under Article 368 however does not enable Parliament to destroy the basic structure of the
Constitution. The expressions “basic structure” and “basic features” convey different ideas.
The Constitution (Ninety-ninth Amendment) Act, 2014 is declared unconstitutional and void.
(Supreme Court Advocates-On-Record Assn. v. Union of India, (2016) 5 SCC 1)

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(x) The power under Article 356(1) for imposing President Rule in a State is an emergency
power but it is not an absolute power. Article 356 confers a power to be exercised by the
President in exceptional circumstances to discharge the obligation cast upon him by Article
355. The satisfaction of the President is the satisfaction of the Council of Ministers. As
provided in Article 74(1), the President acts on the aid and advice of the Council of Ministers.
The plain reading of Article 74(2) stating that the question whether any, and if so what, advice
was tendered by the Ministers to the President shall not be inquired into in any court, may seem
to convey that the court is debarred from inquiring into such advice but Bommai (S.R. Bommai
v. Union of India, 1994 3 SCC 1) has held that Article 74(2) is not a bar against scrutiny of the
material on the basis of which the President has issued the proclamation under Article 356. In
no case, the President shall exercise the Governor's power of dissolving the Legislative
Assembly till at least both the Houses of Parliament have approved of the Proclamation issued
by him under clause (1) of the article 356. The dissolution of the assembly prior to the approval
of the Proclamation by Parliament under clause (3) of the said article will be per se invalid.
The President may, however, have the power of suspending the Legislature under sub-clause
(c) of clause (1) of the said article. (S.R. Bommai v. Union of India, 1994 3 SCC 1).

(xi) Section 55 of the Constitution (Forty-Second Amendment) Act, 1976, through which sub-
sections (4) and (5) in Article 368 were inserted has been held as beyond the amending power
of the Parliament and is void since it removes all limitations on the power of the Parliament to
amend the Constitution and confers power upon it to amend the Constitution so as to damage
or destroy its basic or essential features or its basic structure. (Minerva Mills Ltd. v. Union of
India, (1980) 2 SCC 591).

The Supreme Court of India has interpreted various provisions of the Constitution and has
explained their meaning and scope.

Role of Supreme Court as the Guardian of the Constitution of India

The Constitution of India is the supreme law of the land and the Supreme Court is its guardian.
It does not allow the executive or the Parliament to violate any provision of the Constitution.
It can also review any action of the Government, which allegdly violates any provision of the
Fundamental Rights. This power of the Supreme Court is called Judicial Review. If it finds
violation of any provision of the Constitution, it may declare the concerned law as ultra-vires,
or null and void. It is on the basis of this power of Judicial Review of the Supreme Court that
it is called guardian of the Constitution. It is also called ‘a champion of liberties’ and ‘a

11
watchdog of democracy’.6 In this context the role and the functions of the Supreme Court are
wide and comprehensive. As the Supreme Court of India is the guardian of the constitution.
There are two points of significance of the Supreme Court’s rule as the guardian of the
constitution.7

First, as the highest Federal Court, it is within the power and authority of the Supreme Court
to settle any dispute regarding division of powers between the Union and the States.

Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the
citizens.

In order to discharge these two functions, it is sometimes necessary for the Supreme Court to
examine or review the legality of the laws enacted by both the Union and the State
Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys
limited power of Judicial Review.8

Protect the Fundamental Rights

The Supreme Court has concurrent right with the High Courts to issue directions, orders and
writs for enforcement of fundamental rights. These are in the nature of the writs of Habeas
Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. These writs make the Supreme
Court a protector and guarantor of fundamental rights. The idea is that in case of violation of a
law or right, the Court may issue directions for compliance with the Constitution. Thus, the
citizens of India are secure as far as fundamental rights are concerned. The Supreme Court has
the right to declare a law passed by the legislature null and void if it encroaches upon our
fundamental rights. It has rejected many legislations, which violated fundamental rights. This
shows how the Supreme Court has always served as the guardian of fundamental rights.

Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of
fundamental rights. The Constitution has assigned to the Supreme Court the responsibility for
the protection of Fundamental Rights. The Supreme Court can declare any law null and void if
it violates the exercise of Fundamental Rights. The Court also protect these rights if they are
infringed by the action of the executive. In case of violation of these rights, the affected
Supreme Court may issue the writs in the nature of Habeas Corpus, Mandamus, Quo-Warranto,
Prohibition and Certiorari. These writs can also be issued by the High Court.9

6
https://www.lawctopus.com/academike/separation-of-powers-and-judicial-activism-in-india.
7
https://www.learnpick.in/questions/details/18520/why-is-supreme-court-called-the-guardian-of-constitution.
8
Ibid.
9
Supra note 6.

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Habeas Corpus – The writ of Habeas Corpus is issued by the court to effect the release of a
person who has not been detained legally. Under this writ, the court issue order to the concerned
authority or person to produce the detainee before the court in order to let the court know on
what grounds the concerned person has been detained and to set him free if there is no legal
justification for imprisonment. It should be noted that the writ of Habeas Corpus can be issued
against both an official and private person.

Mandamus – The writ of Mandamus meaning ‘Command’, is addressed to a public authority

to command him to do a duty which he is supposed to do but he has not performed. The writ
of Mandamus can also be issued against lower courts, if they have refused to exercise their
designated jurisdiction. This writ cannot be issued against private persons.

Prohibition – The writ of Prohibition is issued by the Supreme Court or the High Court against
the lower courts to prevent the latter from usurping their designated jurisdiction. Thus the writ
of Prohibition ensures that the lower courts should limit their activities within the limit of their
jurisdiction and should not go beyond that limit. The effect of the writ is that the proceedings
in a case, which is beyond jurisdiction, are stopped and the lower court and the case is
transferred to the court which is competent to exercise the jurisdiction in that case.

Certiorari – The writ of Certiorari is also issued against inferior courts by the Supreme Court
or High Courts, if the lower court has violated their jurisdiction and pronounced the decision
on the case. The effect of this writ is that the judgement or the order issued by the lower court
is quashed and the case is transferred to the appropriate court. The ground for issuing the writs
of Prohibition and Certiorari is the same i.e., violation of jurisdiction, but the difference is that
the writ of prohibition is issued before the final judgement of the lower courts, whereas the
Certiorari is issued after the judgement in a case has announced by lower court.

Quo-Warranto – This writ of Quo-Warranto is issued against a person occupying a public office
which he is not entitled to. The purpose of the writ is to prevent the unlawful occupation of a
public office by persons who is not eligible to that office. The court inquires as to under what
authority the concerned person is holding a p articular office. If the office is held without proper
legal authority, the concerned person shall be ordered to leave that office. It should be
mentioned that the writ of Quo-Warranto is not issued with respect to private offices.

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Judicial Review

It is a process through which judiciary examines whether a law enacted by a legislature or an

action of the executive is in accordance with the Constitution or not. The power of the judicial
review was first acquired by the Supreme Court of the United States in Marbury v. Madison,10
is armor to check-to-check lawlessness legislative as well as executive with a review to serve
“legitimacy of power “and administrative efficiency.11 Now it is freely exercised by the
Supreme Court of India and in many other countries. Our High Courts also exercise this power.
Judicial Review does not mean that every law passed by the legislature is taken up by the
Supreme Court for review. It only means that the Court will review the law as and when it gets
an opportunity. This is possible in two ways: -

First, the Court can review the law if its validity is challenged. The Supreme Court or High
Court may get an opportunity to review a law in another situation also. If a person or institution
feels that his/her rights are violated, or a certain benefit due to him under a law is being denied,
the Court while examining such a petition may come to the conclusion that the law, under
which relief is sought, is itself unconstitutional. Therefore, relief may not be granted. 12 In a
democratic country like India the power of Judicial Review is an important guarantee of the
rights of the people. Besides, the Supreme Court has been interpreting various provisions of
the Constitution. Its rulings are treated as law of the land. Supreme Court has played its role as
a custodian of the civil liberties and in particular of the fundamental rights. The Right to
Equality is an important right, which ensures equality before law. The Right to Equality also
means absence of special privileges and inequality of treatment. So, the Supreme Court in the
name of Protective Discrimination has justified the benefits or concessions in the form of
reservations or relaxation of eligibility conditions. The Right to Freedom has given various
kinds of freedoms to all of us. But the freedom of press was not mentioned in the Constitution.
It was decided by the Supreme Court that freedom of press as a right is implied in right to
freedom of expression. Thus, the Court expanded the right to freedom. The Supreme Court has
regarded the Right to Know as an important right to be able to take part in the participatory
process of development and democracy. The Court had ruled that the Right to life in, Article
21 implies and includes the right to education and clean environment also. Regarding the delay
in deciding the cases, the Supreme Court has held that delay in trial constitutes denial of justice.
It has also laid down that speedy trial, release on bail of under trials, free legal aid to the poor
and accused are also the fundamental rights. The Supreme Court has used its power of judicial

10
5 U.S. 137 (1803).
11
Judges and the Rule of Law: Creating the Links: Environment, Human Rights edited by Thomas Greiber.
12
http://shodhganga.inflibnet.ac.in/bitstream/10603/207059/12/12_chapter%206.pdf.

14
review and given various historic decisions to safeguard the rights of the individuals. It has
stood guard of linguistic rights of minorities, religious rights of the people, welfare of the
workers and daily wage earners. If has also taken action to protect bonded labour, prevent
exploitation of women, children and deprived sections of society. No doubt, the Supreme Court
through its power of judicial review has guarded our rights in various walks of life. The
Supreme Court has given momentous decisions. Through, what is called “judicial activism”,
the Court has given such rulings as compulsory use of CNG fuel for the use of public transport
vehicles in Delhi so that pollution could be brought under control. Similarly, for the protection
of lives of people, it has made the use of helmets compulsory for two-wheeler users, and even
the pillion riders. The power of judicial review is an important guarantee of the rights of the
people. It does not allow any violation of the Constitution. It has given several new
interpretations to the Constitutional provisions. Thus, it has protected as well as expanded the
Constitution.

Conclusion

From the above discussion it is clear that role of supreme court is very most important as
interpreting the constitutional provisions and guarding/protecting the constitution of India. As
the Supreme court is called the guardian of the constitution the supreme court is given the
power to protect, safeguard, and uphold the constitution and empower to declare a law null and
void if it is found to be inconsistent with the constitution. Therefore, supreme court is said to
be the guardian of Indian Constitution and protector of fundamental rights.

However at the end I would conclude by stating that role of supreme court as a guardian of the
constitution good for protecting the fundamental rights of the citizens and protecting their
interest from others but sometimes while extreme interpretation will lead to overreach of
judicial powers that may lead to a misuse of power by the judges leading to arbitrary decision
making as well tyranny which may be against the rule of a democratic country and so to ensure
that no arbitrariness takes place judicial review should be practices by the respected Judiciary
within the purview of doctrine of separation of powers and checks and balances. Therefore, for
the protection of our constitution and the proper functioning of our government, supreme court
is definitely a guardian of our constitution.

15
 Bibliography

Books

 Jain, M.P, Indian Constitutional Law, LexisNexis (7th Edition), New Delhi, 2015.

 Basu, D.D., Commentary on the Constitution of India, Vol. 2, 8th Ed., Wadhwa and Co.
Law Publishers, New Delhi, 2007.

Articles

 Background Note on Interpretation of Constitution through judicial decisions, by

Department of Legal Affairs, Ministry of Law and Justice.
 The Constitution at sixty-seven, by Supreme Court of India.
 Judges and the Rule of Law: Creating the Links: Environment, Human Rights

Websites

 http://www.prsindia.org/theprsblog/?p=896

 https://www.lawctopus.com/academike/separation-of-powers-and-judicial-activism-
in-india/

 https://www.caclubindia.com/articles/guarding-the-guardians-of-constitution--
27975.asp

 http://download.nos.org/srsec317newE/317EL12.pdf

 http://www.shareyouressays.com/essays/essay-on-the-role-of-the-supreme-court-of-
india-898-words/93334

 https://www.learnpick.in/questions/details/18520/why-is-supreme-court-called-the-
guardian-of-constitution

 http://shodhganga.inflibnet.ac.in/bitstream/10603/207059/12/12_chapter%206.pdf

 https://www.researchgate.net/publication/228226488_Interpreting_the_Constitution_I
ndian_Supreme_Court_Constitution_Benches_Since_Independence

 https://www.lawyer-monthly.com/2017/11/indian-constitutional-law-the-powers-and-
role-of-the-supreme-court-of-india-and-the-high-courts-of-india/

 http://shodhganga.inflibnet.ac.in/bitstream/10603/67805/9/09_chapter%205.pdf

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