History & Civics
How does the Supreme Court act as :
(a) Custodian of the Constitution?
(b) Guardian of the Fundamental Rights?
Supreme Court
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Answer
(a) The Supreme Court can review a Central or State law to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme Court can declare that law as unconstitutional. It is the ultimate authority to interpret the Constitution.
(b) The Supreme Court of India acts as the guardian of the Fundamental Rights of the citizens of India. It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the State itself. It can issue various writs like Habeas Corpus, Prohibition, Certiorari, Mandamus and Quo Warranto to enforce its order.
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Related Questions
With reference to the Supreme Court of India, explain the following :
(a) Discuss the composition of the Supreme Court.
(b) What are the qualifications of the judges of the Supreme Court?
The Supreme Court enjoys vast powers in the judicial field. In this connection discuss the following:
(a) In what way is the Supreme Court the guardian of Fundamental Rights?
(b) Original jurisdiction of the Supreme Court.
(c) Appellate powers of the Supreme Court.
For a successful federal structure, the independence of the Judiciary is quite necessary. In this connection, describe the part played by the following :
(a) Security of Service of the Judges.
(b) Security of Pay and Allowances of the judges.
Explain the following writs :
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
(e) Quo Warranto.