Supreme Court the Guardian of the Constitution and Protector of Fundamental Rights


Guardian of the Constitution:

The Constitution of India is the supreme law of the land and the Supreme Court is its interpreter and 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 allegedly violates any provision of the Fundamental Rights.

This power of the Supreme Court is called Judicial Review.

If it finds a violation of any provision of the Constitution, it may declare the concerned law as 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 watchdog of democracy’.

 

Protector of Fundamental Rights:

The Supreme Court has a 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.

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.

Writ –It is an order issued to a lower Court or a functionary of the State to take steps to restore the rights of the people.

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