The Supreme Court Of India: Sentinel On The Qui Vive
- IJLLR Journal
- 2 hours ago
- 2 min read
Ajay Pratap Singh Tomar, Amity University, Madhya Pradesh
ABSTRACT
The Constitution of India is the supreme law of the land. Everything in the country works on the basis of it. The Supreme Court of India acts as its protector and interpreter. People also call it the “Sentinel on the Qui Vive” because it stays alert all the time against any action of the State which goes against the Constitution.1 The Court plays a very important role in maintaining constitutional supremacy, rule of law and democracy in India. Whenever any law is made or any executive action is taken, the Supreme Court checks it through judicial review and sees whether it is according to the Constitution or not.2 This research paper basically tries to understand this role of the Supreme Court in a simple way. How it acts like guardian of the Constitution and how its role changed with time. It also looks at how the Court protects Fundamental Rights and how the idea of Basic Structure Doctrine became important in Indian constitutional system.3 Also, some basic constitutional ideas like judicial review, separation of powers and constitutional morality are discussed here. Important cases like Kesavananda Bharati v. State of Kerala, Maneka Gandhi v. Union of India and Minerva Mills v. Union of India are also included to show how the judiciary slowly expanded its role over time.4 The study further focus on judicial activism and Public Interest Litigation which made the Supreme Court more accessible for common peoples. At the same time, the paper also address criticism related to judicial overreach and increasing interference of judiciary into legislative and executive matters. The balance between judicial activism and judicial restraint still remain an important constitutional debate in India. The research is doctrinal and analytical in nature. It is mainly based on constitutional provisions, case laws and scholarly writings. The paper conclude that the Supreme Court has emerged as the final protector of constitutional values and citizens liberties. Even though many challenges still exists, the Court continue to function as a vigilant guardian of democracy and constitutional governance in India.
Keywords: Supreme Court of India, Constitutional Guardianship, Sentinel on the Qui Vive, Judicial Review, Constitutional Interpretation, Fundamental Rights, Basic Structure Doctrine, Judicial Activism, Rule of Law, Constitutional Supremacy, Public Interest Litigation (PIL), Separation of Powers, Constitutional Morality, Guardian of the Constitution, Democracy and Judiciary.
