Guardian of Constitution
Interpretation, Judicial Review & The Basic Structure
PART I — PROTECTOR & INTERPRETER
ARTICLE 32
Guarantor of Rights
- The Supreme Court is the ultimate protector and guarantor of the **Fundamental Rights** of citizens.
- Any citizen can approach the SC directly under Article 32 (via writs like Habeas Corpus, Mandamus, etc.) if their rights are violated by the State.
- Dr. B.R. Ambedkar called Article 32 the "heart and soul of the Constitution" because rights are meaningless without a constitutional remedy.
THE FINAL WORD
Constitutional Interpretation
- The Supreme Court is the **final interpreter** of the Constitution.
- If there is ambiguity or conflict in the text, the SC's reading is binding on all courts and governments within India.
- It applies doctrines like *Harmonious Construction*, *Pith and Substance*, and *Colorable Legislation* to decode legislative intent and constitutional limits.
PART II — THE LIMITS OF POWER
ARTICLE 13
Judicial Review
- The power to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
- If found violative of the Constitution (ultra vires), they can be declared **illegal, unconstitutional, and invalid** (null and void) by the SC.
- The phrase "judicial review" is *nowhere explicitly mentioned* in the Constitution, but it is inherent in Articles 13, 32, 131-136, 143, 226, and 246.
KESAVANANDA BHARATI (1973)
Basic Structure Doctrine
- A judicial innovation. The SC ruled that while Parliament has vast powers to amend the Constitution (Art 368), it **cannot alter its "Basic Structure" or essential features**.
- *Elements of Basic Structure:* Supremacy of the Constitution, Secularism, Federalism, Separation of Powers, Judicial Review, and the Democratic/Republican nature of the Indian polity.
- It acts as the ultimate safeguard against an authoritarian Parliament trying to rewrite the foundational identity of the Republic.