What is the position of Supreme Court under the constitution of India?


In order to maintain the supremacy of the constitution, there must be an independent and impartial authority to adjudicate on the disputes between the centre and the states or between the states. Supreme Court of India rests at the apex of the judiciary system in India.

It is the final interpreter and Guardian of the constitution. It is also the highest and final interpreter of the general law of the country. It plays the role of guardian of social revolution and protects the rights and imposes duties. Moreover it is the highest court of appeal in civil and criminal matters. The supreme court has been described as a continuous constitutional convention as it continues to expand the scope of the constitution in conformity with the growing demands of the Indian society.

It is primarily through the power of Judicial review that the court has been helping in the growth of the constitution. The most fundamental contribution in this regard is the emphasis that in India, it is the constitution which is supreme. Whenever there was a parliamentary threat to the constitution the court succeeded in protecting it through various decision, culminating in the doctrine of “Basic structure” as propounded in the Keshwanand Bharti case.


By providing a liberal interpretation of the constitution specially Art.19 & 21 it has expanded the scope of fundamental rights and concept of the due process of law under part-III of the constitution. It has also succeeded in maintaining the harmony between two important parts of the constitution III & IV as is clear from the decision in Minerva Mills case. It has also expanded the scope of Judicial review to crucial Art. like 352 & 356. And finally through judicial activitism it has protected the essence and dreams of our constitution which are not in written.

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