It Is Constitution And Not Supreme Court Which Is Supreme
🧾 Principle:
"It is the Constitution and not the Supreme Court which is supreme."
🔍 Explanation:
In India, the Constitution is the supreme law of the land, which means all laws, executive actions, and even the judiciary must conform to it.
The Supreme Court of India is the guardian and interpreter of the Constitution, but it derives its authority from the Constitution itself. This principle underscores the idea that:
The Supreme Court does not stand above the Constitution.
The Court’s role is to interpret, uphold, and protect the Constitution.
If the Supreme Court errs, the Constitution remains supreme, and the law or authority can be challenged or corrected through constitutional processes (such as constitutional amendments or larger benches of the court).
This principle is fundamental in constitutional democracies, emphasizing constitutional supremacy over judicial supremacy.
⚖️ Key Case Law Discussing This Principle:
1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
The landmark case on the Basic Structure Doctrine.
The Supreme Court held that Parliament can amend the Constitution but cannot alter its “basic structure”.
This means the Constitution’s core principles are supreme and inviolable, and even the legislature or judiciary cannot override them.
This case establishes that the Constitution stands above all authorities, including the Supreme Court itself.
Quote from Kesavananda Bharati:
“The Constitution is the supreme law of the land and its basic features cannot be altered by any authority, including the Parliament.”
2. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789
This case reaffirmed that the Supreme Court’s power to review laws is itself part of the Constitution’s basic structure.
The Court struck down amendments that sought to limit judicial review, reiterating that the Constitution is supreme, and the Court must protect its supremacy.
3. S. R. Bommai v. Union of India, AIR 1994 SC 1918
In this federalism case, the Supreme Court emphasized that constitutional provisions and principles like secularism and democracy are supreme.
The Court observed that it is bound to uphold the Constitution even if it means striking down unconstitutional executive or legislative actions.
4. Golak Nath v. State of Punjab, AIR 1967 SC 1643
The Court held that Parliament could not amend fundamental rights in the Constitution.
This decision was later modified by Kesavananda Bharati, but it highlighted the principle that the Constitution’s supremacy limits all organs of the State.
đź“ś Theoretical Understanding:
Supremacy of the Constitution means that the Constitution is the ultimate legal authority.
The Supreme Court’s role is constitutional interpretation, not to create or alter the Constitution.
The Court can interpret, protect, and enforce the Constitution but cannot amend it or place itself above it.
If a Court decision is perceived as erroneous, it can be reviewed or overruled by a larger bench, or the Constitution itself can be amended by Parliament (within limits).
🏛️ Constitutional Basis:
Article 13 of the Indian Constitution declares:
"All laws in force before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Constitution, shall be void."
This means the Constitution overrides all laws, including judgments or practices inconsistent with it.
Article 141 states:
"The law declared by the Supreme Court shall be binding on all courts within the territory of India."
But this is “law declared” under the Constitution, so the Court’s authority is derived from and subordinate to the Constitution.
⚖️ Summary Table:
| Concept | Explanation |
|---|---|
| Constitutional Supremacy | The Constitution is the highest legal authority; all powers flow from it. |
| Judicial Supremacy? | The Supreme Court is supreme only in interpreting the Constitution but not above the Constitution. |
| Basic Structure Doctrine | Parliament and judiciary cannot alter the fundamental framework of the Constitution. |
| Checks & Balances | The Court is subject to the Constitution, and its power can be checked by constitutional means. |
đź“ť Conclusion:
The Constitution is the supreme law of India, and the Supreme Court is its custodian and interpreter, not its master.
This ensures rule of law and democratic governance, preventing any single institution from becoming all-powerful.
The Supreme Court’s authority flows from the Constitution, making the Constitution the ultimate source of legal authority and supremacy.
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