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WBCS Preliminary Examination 2021 — General Studies · Question 69 of 200

Q69
Indian PolityJudiciary & Landmark Judgments
Who is the custodian of the Indian Constitution?
  1. a.President
  2. b.Vice-President
  3. c.Parliament
  4. d.Supreme Court

Answer: (D) Supreme Court

The Supreme Court is the guardian or custodian of the Constitution: through judicial review (Articles 13, 32 and 131-136) it can strike down any law or executive action that violates the Constitution, and since Kesavananda Bharati (1973) it protects the 'basic structure' even against constitutional amendments. The President takes an oath to 'preserve, protect and defend' the Constitution (Article 60) but acts on ministerial advice; Parliament can amend the Constitution (Article 368) but is itself bound by it; the Vice-President is ex-officio Chairman of the Rajya Sabha.