UPSC Prelims 2015 · Question 61 of 98
UPSC Prelims 2015 question on Custodian of Constitution
- ExamUPSC CSE
- Year2015
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeDirect
Who/Which of the following is the custodian of the Constitution of India?
Show answer
Answer: D. The Supreme Court of India
Verdict
The answer is the Supreme Court of India. It is the custodian, interpreter and guardian of the Constitution.
Analysis
The Supreme Court safeguards the constitutional order by keeping the other organs within the roles the Constitution assigns them. Parliament has the authority to amend the Constitution, but the Supreme Court has the authority to examine the validity of those amendments, which is what makes the Court the custodian rather than the legislature. The President is the head of State who acts on ministerial advice and is himself bound by the Constitution. The Prime Minister leads the executive. The Lok Sabha Secretariat is an administrative office of one House and has no such role.
Source
CBSE Legal Studies, Unit 4, Chapter 1, page 165.
How to crack it
Ask which organ can hold the others to the constitutional text, because custodianship means the power of review, not the power to act. Parliament can amend but the Court can strike down an amendment under the basic structure doctrine, which settles the ranking. Distinguish the standard descriptive labels UPSC uses: the President is head of State, Parliament is the amending authority, and the Supreme Court is guardian of the Constitution and protector of Fundamental Rights.