Why in News?
Chief Justice of India B.R. Gavai reaffirmed the Supreme Court’s role as the custodian of the Constitution, questioning whether the court should remain powerless when Governors indefinitely withhold State Bills, thereby stalling legislatures and undermining democratic will, sparking Centre–judiciary debate.
Description:
- Guardian of the Constitution/Custodian of the Constitution: The Supreme Court of India acts as the interpreter and guardian of the Constitution and is often called the “Watchdog of Democracy.”
- Establishment: Came into existence on 26th January 1950 (the day the Constitution was enforced).
- Role:
- Protects Fundamental Rights and liberties of citizens.
- Ensures the rule of law is maintained.
- Prevents the executive and legislature from exceeding their powers through Judicial Review.
- Mention in the Constitution:
- Article 124: Establishes the Supreme Court.
- Article 124(2): President of India appoints the Chief Justice of India (CJI) and other judges.
- Jurisdiction (Articles 131,132-134,143,137–141):
- Original Jurisdiction – Article 131– Deals with disputes between Centre & States or between States.
- Appellate Jurisdiction – Articles 132–134, allows appeals against High Court judgments.
- Advisory Jurisdiction – Article 143, President can seek advice of the SC.
- Other Provisions – Articles 137–141, Power to review judgments (137), binding nature of its law (141).
- Contempt of Court:
- Disrespect or disobedience towards the court is punishable.
- Two types: Civil Contempt & Criminal Contempt.
- Motto: “Yato Dharmastato Jayah” (Where there is Dharma, there is Victory).
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