
Who is the guardian of the Constitution of India?
Answer
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Hint: The highest court in India is considered to be the guardian of the Indian Constitution. The court upholds the rule of law and also protects citizens’ rights and liberties mentioned in the Constitution.
Complete Step by Step Answer: The chief features of the Indian Constitution are the federal government system with unitary bias and the parliamentary form of Government. Several features of the constitution have been borrowed from other constitutions from all over the world. India is a federal state and consists of a unified judicial system with a three-tier structure.
Part V (The Union) and Chapter 6 (The Union Judiciary) provides for a provision of the Supreme Court in the Indian Constitution. The Supreme Court of India is the highest judicial court within the three-tier structure. It is the final interpreter and the protector of the Constitution. It is also the responsibility of the Supreme Court to uphold the supremacy of the Constitution. According to Article 124 Clause, 1 and the Amendment act of 2008 mentions that there shall be a Supreme Court of India consisting of a Chief Justice of India. The Supreme Court comprises 34 judges including the Chief Justice of India.
It can review Constitution Amendments Bills passed by the Parliament on a two-third majority of the vote, against the basic structure doctrine. It has also been given the power of judicial review. It can declare any law or executive order unconstitutional if it is contrary to the provision of the Constitution. The jurisdiction of the Supreme Court is of three types – Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction.
The Supreme Court can also be approached for relief in matters relating to the violation of fundamental rights. It has a constitutional mandate under Article 32 to provide remedies against such violations.
Note: While answering the question, do not confuse yourself with other structures of the Judicial system. The judicial system of India is classified into three types of courts - the Supreme Court, the High Courts and the subordinate courts.
Complete Step by Step Answer: The chief features of the Indian Constitution are the federal government system with unitary bias and the parliamentary form of Government. Several features of the constitution have been borrowed from other constitutions from all over the world. India is a federal state and consists of a unified judicial system with a three-tier structure.
Part V (The Union) and Chapter 6 (The Union Judiciary) provides for a provision of the Supreme Court in the Indian Constitution. The Supreme Court of India is the highest judicial court within the three-tier structure. It is the final interpreter and the protector of the Constitution. It is also the responsibility of the Supreme Court to uphold the supremacy of the Constitution. According to Article 124 Clause, 1 and the Amendment act of 2008 mentions that there shall be a Supreme Court of India consisting of a Chief Justice of India. The Supreme Court comprises 34 judges including the Chief Justice of India.
It can review Constitution Amendments Bills passed by the Parliament on a two-third majority of the vote, against the basic structure doctrine. It has also been given the power of judicial review. It can declare any law or executive order unconstitutional if it is contrary to the provision of the Constitution. The jurisdiction of the Supreme Court is of three types – Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction.
The Supreme Court can also be approached for relief in matters relating to the violation of fundamental rights. It has a constitutional mandate under Article 32 to provide remedies against such violations.
Note: While answering the question, do not confuse yourself with other structures of the Judicial system. The judicial system of India is classified into three types of courts - the Supreme Court, the High Courts and the subordinate courts.
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