THE ROLE OF THE SUPREME COURT IN INTERPRETING AND PROTECTING THE CONSTITUTION OF INDIA

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This article is written by Priyanka Shukla of 3rd Semester of Veer Bahadur Singh Purvanchal University, an intern under Legal Vidhiya

ABSTRACT

Supreme Court is the apex court of India. The Constitution of India gives it several powers to protect individuals’ rights and take action against offenses. The Constitution of India, formally adopted on January 26th, 1950, serves as the foundational legal framework that governs the nation. This seminal document provides a comprehensive structure for governance, safeguards fundamental rights, and defines the powers and functions of the various branches of government. At the core of this intricate constitutional system lies the Supreme Court of India, which holds the highest judicial authority within the country. The Supreme Court assumes a paramount role in safeguarding the Constitution, ensuring unwavering adherence to its principles, and protecting the rights and liberties of individuals. Operating as an autonomous and impartial judicial institution, the Supreme Court serves as a vigilant custodian of the Constitution. It bears the solemn duty of upholding the Constitution’s sanctity and meticulously enforcing its provisions. A crucial facet of its significance is its exercise of judicial review, which empowers it to scrutinize the constitutionality of legislative enactments and executive actions. This authority plays a pivotal role in ensuring that the government operates strictly within the constitutional boundaries, thus preventing any violation of fundamental rights. The Supreme Court possesses the authority to strike down any law or action found inconsistent with the Constitution, thereby upholding the democratic principles enshrined within it. One of its primary functions entails interpreting the Constitution. Serving as the ultimate authority in constitutional matters, the Court provides authoritative interpretations and clarifications of its provisions. Through its judicious pronouncements, the Court defines the scope and nuances of fundamental rights, clarifies constitutional clauses, and resolves any ambiguities within the Constitution. These interpretive actions by the Court play a central role in shaping the understanding and application of the Constitution, offering legal clarity and guidance to both the government and the citizen. Throughout its existence, the Supreme Court has steadfastly upheld the principles of justice, equality, and the rule of law, making substantial contributions to India’s legal and constitutional development.

Keywords:

Supreme Court, Interpretation, guardian of the constitution, fundamental rights, federalism

INTRODUCTION

The Constitution of India, officially adopted on the historic date of January 26th, 1950, serves as the preeminent legal framework governing the nation. This foundational document provides a comprehensive structure for governance, affords protection to fundamental rights, and delineates the powers and functions of the various branches of government. Central to this intricate constitutional framework stands the Supreme Court of India, holding the highest judicial authority within the country. The Supreme Court occupies a paramount position in safeguarding and elucidating the Constitution, ensuring the unwavering adherence to its constitutional tenets, and securing the rights and liberties of individuals. Functioning as an autonomous and impartial judicial institution, the Supreme Court assumes the role of a vigilant custodian of the Constitution. It bears the solemn responsibility of upholding the sanctity of the Constitution and rigorously enforcing its provisions. A pivotal aspect of its significance lies in its exercise of judicial review, which empowers it to scrutinize the constitutionality of legislative enactments and executive actions. This power is instrumental in ensuring that the government operates strictly within the bounds delineated by the Constitution, thus averting any infringement upon fundamental rights. The Supreme Court wields the authority to nullify any law or action found incongruous with the Constitution, thus upholding the democratic principles enshrined. Among its primary functions, the Supreme Court undertakes the task of interpreting the Constitution. It serves as the ultimate arbiter of constitutional matters, offering authoritative interpretations and elucidations of its provisions. Through its judicious pronouncements, the Court defines the parameters and nuances of fundamental rights, clarifies constitutional clauses, and resolves constitutional ambiguities. These interpretative interventions by the Court hold a pivotal role in shaping the comprehension and implementation of the Constitution, providing both legal clarity and guidance to the government and citizenry. Over the years of its existence, the Supreme Court has consistently upheld the principles of justice, equality, and the rule of law, thereby contributing significantly to India’s legal and constitutional evolution.

HISTORY AND ESTABLISHMENT OF THE SUPREME COURT

In 1861, the British parliament passed the Indian High Courts Act to establish High Courts in various provinces. This abolished the Supreme Courts of Calcutta, Madras, and Bombay which previously served as the highest courts in their respective regions. The new High Courts exercised the highest judicial authority over all cases in their territories until 1935.

The Government of India Act of 1935 introduced the Federal Court of India which functioned as the highest appellate body for 12 years. However, in 1950 as India transitioned to independence, the Abolition of Privy Council Jurisdiction Act was enacted. This paved the way for the establishment of the Supreme Court of independent India on January 26, 1950. The Supreme Court sat in session for the very first time on January 28th, 1950, marking the beginning of its role as the highest court and final interpreter of the Constitution of India.[1]

According to section 124[2] of the Constitution of India :

(1)There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:

(a) a Judge may, by writing under his hand addressed to the President, resign his office;

(b) a Judge may be removed from his office in the manner provided in clause (4).

2A. The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-

(a) has been for at least five years a Judge of a High Court or two or more such Courts in succession; or

(b) has been for at least ten years an advocate of a High Court or two or more such Courts in succession; or

JUDICIAL REVIEW: SAFEGUARDING CONSTITUTIONAL VALIDITY

Judicial review is a significant authority vested in the Supreme Court of India, enabling it to assess the constitutionality of laws, executive orders, and governmental actions. The Supreme Court’s jurisdiction to conduct judicial review is founded on the Constitution of India, which designates it as the apex judicial body within the nation. The Supreme Court’s role in upholding constitutional validity holds paramount importance in preserving the equilibrium among the three branches of government and ensuring compliance with the Constitution’s provisions. The power of judicial review empowers the Supreme Court to determine whether legislative or executive actions align with the constitutional principles and rights enshrined in the Constitution. When a law or action is challenged as unconstitutional, the Supreme Court possesses the authority to interpret the pertinent constitutional provisions and render a verdict on its validity. Should the Court find that a law or action transgresses the Constitution, it has the prerogative to declare it unconstitutional or amend it to bring it in line with constitutional requisites. The Supreme Court’s decisions in such cases are legally binding and carry far-reaching consequences. The Supreme Court of India has played an instrumental role in upholding constitutional validity through its exercise of judicial review. It has issued landmark judgments on diverse subjects, encompassing enriching fundamental rights, federalism, the separation of powers, and the extent of government authority. These verdicts have significantly molded India’s constitutional landscape and have served as a bulwark in safeguarding the rights and freedoms of its citizens. It is crucial to emphasize that the power of judicial review is not absolute, and the Supreme Court exercises it within the framework delineated by the Constitution. The Court’s role is to interpret and apply the Constitution rather than create or amend it. Guided by the principle of judicial restraint, the Court exercises caution and refrains from encroaching upon the domains of the legislative and executive branches unless there is a clear infringement of constitutional principles. The Supreme Court of India assumes a vital role in upholding constitutional validity through the mechanism of judicial review. Its judgments serve as a check on the powers of the legislative and executive branches, ensuring their actions remain within the constitutional bounds and safeguarding the fundamental rights and principles enshrined in the Constitution[3]

ROLE AS INTERPRETER OF CONSTITUTION

The Supreme Court of India plays a crucial role as the interpreter of the Constitution. As the highest judicial authority in the country, it is entrusted with the responsibility of interpreting the provisions of the Constitution and clarifying their meaning and scope. This power of interpretation allows the Supreme Court to give effect to the intent and purpose of the framers of the Constitution and ensure its continued relevance in a changing society. The Constitution of India is a living document that lays down the fundamental principles, rights, and governance structures for the country. However, the text of the Constitution is not always explicit or exhaustive in addressing all possible situations or resolving legal ambiguities. Therefore, the Supreme Court’s role as the interpreter of the Constitution becomes crucial in providing clarity and resolving disputes. The Court’s interpretation of the Constitution is guided by various principles, including the literal rule, contextual interpretation, purposive interpretation, and harmonious construction. The Supreme Court of India assumes a vital role in upholding constitutional validity through the mechanism of judicial review. Its judgments serve as a check on the powers of the legislative and executive branches, ensuring their actions remain within the constitutional bounds and safeguarding the fundamental rights and principles enshrined in the Constitution.

PROTECTING FUNDAMENTAL RIGHTS

The Supreme Court of India assumes a pivotal role in safeguarding the fundamental rights enshrined in the Constitution. Fundamental rights represent the bedrock liberties and safeguards guaranteed to every citizen, and the Supreme Court functions as a guardian tasked with their preservation and enforcement.

The Court executes this critical role through a range of mechanisms:

1. Judicial Review: The Supreme Court possesses the authority of judicial review, enabling it to scrutinize the constitutionality of laws, executive actions, and government policies. If any legislation or action is deemed to infringe upon fundamental rights, the Court can declare it unconstitutional and strike it down. There are various provisions of the system of judicial review have been granted by our Constitution in various articles. These articles are Article 13, 32, 131-136, 143, 226, 145, 246, 254, 251 and 372.[4]

2. Writ Jurisdiction: The Supreme Court is vested with the power to issue writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto. These writs serve as potent tools for safeguarding fundamental rights by offering remedies to individuals whose rights have been violated or are under threat. Article 32 which is a Fundamental Right guarantees the right to move the Supreme Court

by appropriate proceedings for the enforcement of Fundamental Rights.

3. Public Interest Litigation (PIL): The Supreme Court has expanded the scope of PIL, allowing individuals and organizations to initiate cases on behalf of marginalized and disadvantaged groups. PIL empowers the Court to address systemic issues and protect the fundamental rights of those who may lack direct access to the Court.

4. Expansive Interpretation: The Supreme Court has adopted a broad and progressive interpretation of fundamental rights to adapt to evolving societal and legal dynamics. It has expanded the purview of rights such as the right to life, liberty, equality, freedom of speech, and expression, while also recognizing emerging rights like the right to privacy.

5. Protecting Minority Rights: The Supreme Court plays a pivotal role in safeguarding the rights of minority communities and marginalized segments of society. It intervenes in cases involving discrimination, atrocities, and the denial of basic rights to ensure equal treatment and protection for all citizens.

6. Enforcement of Judgments: The Supreme Court actively monitors the implementation of its judgments and ensures compliance by government bodies and authorities. It can issue directives and orders to guarantee the upholding and respect of fundamental rights.

Through its landmark judgments, the Supreme Court has not only molded the legal framework but has also made substantial contributions to the protection of fundamental rights in India. It has been at the forefront of advancing social justice, gender equality, and individual freedoms. Nevertheless, it is essential to acknowledge that the Supreme Court’s role in protecting fundamental rights is not devoid of challenges. The Court must strike a delicate balance between individual rights and the legitimate concerns of the state. Moreover, it faces challenges in ensuring the effective enforcement and implementation of its judgments across all levels of governance.[5]

PROTECTOR OF PRINCIPLES OF FEDERALISM

The Supreme Court of India assumes a pivotal role as the guardian of federalism, a foundational principle within the Indian Constitution that delineates the distribution of powers and responsibilities between the central government and the state governments. Federalism represents a cornerstone of the Indian constitutional framework, and the Court plays a crucial role in upholding its principles.

The Supreme Court’s role in safeguarding federalism is manifested through several key functions:

1. Interpreting the Distribution of Powers: The Constitution of India meticulously defines the powers and jurisdictions of both the central government and the state governments. When disputes or conflicts arise between these entities, the Supreme Court possesses the authority to interpret the constitutional provisions and delineate the distribution of powers. This function ensures that neither the central nor state governments overstep their constitutionally prescribed authority.

2. Resolving Center-State Disputes: Serving as an impartial judge, the Supreme Court adjudicates disputes that arise between the central government and state governments. It holds the power to rule on matters about constitutional interpretation and resolve conflicts stemming from the exercise of powers by different levels of government. The Court’s decisions are instrumental in preserving the equilibrium between the center and the states and preventing encroachments on each other’s spheres of influence.

3. Protecting State Autonomy: The Supreme Court safeguards the autonomy of state governments by preventing unwarranted interference from the central government. It ensures that states possess the requisite powers and resources to operate independently within their constitutionally defined limits. Through its judgments, the Court upholds the tenets of federalism and safeguards states’ rights to govern their respective territories.

4. Upholding Cooperative Federalism: The Supreme Court fosters a spirit of cooperative federalism, wherein the central government and state governments collaborate to address common issues and achieve shared objectives. It encourages cooperation and coordination among different levels of government while respecting their respective roles and responsibilities.

5. Balancing National Unity and Regional Aspirations: The Supreme Court strikes a delicate balance between preserving national unity and respecting regional aspirations. It ensures that the interests and aspirations of different states are protected while upholding the unity and integrity of the nation. The Court’s judgments mitigate any undue concentration of power in the central government and promote a harmonious relationship between the center and the states. Through its pronouncements and interpretations, the Supreme Court has played a pivotal role in shaping India’s federal structure. It has steadfastly upheld the principles of federalism, safeguarded the rights and autonomy of state governments, and facilitated the harmonious functioning of the federal system. It is noteworthy, however, that the Supreme Court’s role as the guardian of federalism is not without its challenges. Balancing the powers of the center and the states, addressing center-state conflicts, and interpreting constitutional provisions related to federalism demand careful consideration and a nuanced approach by the Court. In conclusion, the Supreme Court of India fulfils its role as the guardian of federalism by interpreting power distribution, resolving disputes, protecting state autonomy, promoting cooperative federalism, and balancing national unity with regional aspirations.

PROMOTING EQUALITY IN SOCIETY THROUGH SOCIAL JUSTICE

Thank you for sharing this detailed overview of the Supreme Court of India’s role in promoting social justice. A few key points that stood out to me:

1) The Constitution of India incorporates important provisions around reservations, protection of marginalized communities, and equality that aim to achieve social justice. The Supreme Court’s upholding of reservation policies, as in the Mandal Commission case, has been instrumental.

2) By interpreting fundamental rights expansively to include new rights like education, livelihood, dignity, etc., the Supreme Court ensures these rights are accessible to all sections of society.

3) Through public interest litigation, social issues impacting disadvantaged groups are brought to the forefront and addressed.

4) Progressive judgments on gender equality, LGBTQ+ rights, healthcare, housing, and more contribute to advancing social justice.

5) Judicial activism, like taking suo motu cognizance of important matters and monitoring implementation, strengthens the Court’s role.

CONCLUSION

As the interpreter of the Constitution, the Court shapes the legal landscape and defines the scope of governmental powers. This is central to its role.

It is the guardian of fundamental rights, protecting civil liberties and equality for all citizens.
Through writ jurisdiction and PIL, marginalized groups gain access to justice. This promotes inclusion.
Upholding federalism by resolving disputes between central and state governments ensures the autonomy of states.
Promoting social justice addresses discrimination and human rights issues, advancing an equitable society.
Ensuring the rule of law by reviewing the constitutionality of laws and actions upholds the supremacy of the Constitution.
An independent judiciary contributes to stable democratic institutions and public trust in the system.

REFERENCES