Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q61 (IAS/2015) Polity & Governance › Judiciary › Supreme Court structure and powers Official Key

Who/Which of the following is the custodian of the Constitution of India?

Result
Your answer: —  ·  Correct: D
Explanation

The Supreme Court is the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution.[1] As the guardian of the Constitution, the Supreme Court acts as its custodian. The Supreme Court can strike down a law that goes against fundamental rights, implicitly giving it the power of judicial review.[2] The Supreme Court can use review powers if a law is inconsistent with the distribution of powers laid down by the Constitution.[2] This power to interpret the Constitution and ensure that all laws and executive actions conform to constitutional provisions makes the Supreme Court the custodian of the Constitution.

While the President is the Head of the State and exercises powers as defined in the Constitution[3], and there is a Council of Ministers with the Prime Minister at the head to aid and advise the President[4], they function within the constitutional framework rather than guarding it. The Supreme Court's role in judicial review and constitutional interpretation establishes it as the true custodian of the Constitution.

Sources
  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > INDEPENDENCE OF SUPREME COURT > p. 289
  2. [2] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
  3. [3] http://www.rashtrapatibhavan.gov.in/president%E2%80%99s-secretariat/rti
  4. [4] https://darpg.gov.in/sites/default/files/org_structure_gov13.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
97%
got it right
PROVENANCE & STUDY PATTERN
Guest preview
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Who/Which of the following is the custodian of the Constitution of India? [A] The President of India [B] The Prime Minister of India […
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 · 7.5/10
You're seeing a guest preview. The Verdict and first statement analysis are open. Login with Google to unlock all tabs.

This is a classic 'Sitter' question directly from standard static sources like Laxmikanth and NCERT. It tests fundamental clarity on institutional roles. If you missed this, your static Polity base needs immediate repair; do not blame current affairs.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is the President of India the custodian of the Constitution of India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 3/5
"The President of India is the Head of the State and exercises powers as defined in the Constitution of India."
Why this source?
  • Explicitly states the President's constitutional role: Head of State and exercises powers as defined in the Constitution.
  • Shows the President's relationship to the Constitution but does not describe the President as its 'custodian' or owner of constitutional records.
Web source
Presence: 4/5
"Under Article 77(3), the President had made rules for the Transaction of Business of the Government of India and for allocation of such business amongst Ministries. Concerned Ministries are the custodian of the original files and papers."
Why this source?
  • States that under Article 77(3) the President made rules for transaction of business, but the concerned Ministries are the custodian of the original files and papers.
  • Directly indicates custodianship of original governmental files rests with Ministries, not with the President's Secretariat.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 15: Jammu and Kashmir > JAMMU &: I{ASHMIR > p. 297
Strength: 4/5
“On 5 August 2019, in exercise of the powers conferred by clause (1) of Article . 370 of the Constitution, the President of India issued the ~l:~:~t~t~:~d Constitution (Application to Jammu and Kashmir) Order. The aforesaid Presidential Order came into force at Jammu and Kashmir once, and superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time. All the provisions of the Indian Constitution, as amended from time to time, became applicable to the State of Jammu and Kashmir. . Article 370(1) grants the President the authority to apply other provisions of the Constitution of India, subject to such exceptions and modifications as the President may specify by issuing an order.”
Why relevant

Shows a concrete power under Article 370 where the President issues orders applying the Constitution to a State, implying a role in implementing constitutional provisions.

How to extend

A student could check other constitutional provisions where the President issues orders or notifications to see if this implementation role resembles 'custodianship'.

Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 16: India–Political Aspects > Indian Federalism > p. 3
Strength: 4/5
“India, a Union of States, is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The republic is governed in terms of the Constitution, which was adopted by the Constituent Assembly on November 26, 1949 and came into force on January 26, 1950. The Constitution which envisages parliamentary form of government is federal in structure with unitary features. The President of India is the constitutional head of executive of the Union. Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as head to aid and advise the President who shall in exercise of his functions, act in accordance with such advice.”
Why relevant

States that the Constitution vests the executive power of the Union formally in the President and calls the President the constitutional head of the executive.

How to extend

One could contrast 'formal vesting' with who actually enforces or interprets the Constitution (e.g., courts) to assess whether formal head implies 'custodian'.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 4: EXECUTIVE > PARLIAMENTARY EXECUTIVE IN INDIA > p. 84
Strength: 4/5
“and the Council of Ministers, which run the government at the national level. At the State level, the executive comprises the Governor and the Chief Minister and Council of Ministers. The Constitution of India vests the executive power of the Union formally in the President. In reality, the President exercises these powers through the Council of Ministers headed by the Prime Minister. The President is elected for a period of five years. But there is no direct election by the people for the office of President. The President is elected indirectly. This means that the president is elected not by the ordinary citizens but by the elected MLAs and MPs.”
Why relevant

Reiterates that executive power is formally vested in the President though exercised through the Council of Ministers, highlighting a ceremonial/formal versus practical distinction.

How to extend

A student might use this to distinguish symbolic custodial roles from effective guardianship exercised by other organs (like judiciary).

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 213
Strength: 3/5
“IV. Legislative Powers. Like the Crown of England, the President of India is a component part of the Union Parliament and here is one of the instances where the Indian Constitution departs from the principle of Separation of Powers underlying the Constitution of the United States. The legislative powers of the Indian President, of course according to ministerial advice, [Article 74(1)] are various and may be discussed under the following heads:”
Why relevant

Explains the President's legislative powers as a component of Parliament (similar to the Crown), indicating institutional placement in constitutional machinery.

How to extend

Compare this institutional placement with the functions typically associated with a 'custodian' (e.g., protecting, interpreting, enforcing) to evaluate the claim.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2015 TEST PAPER > p. 750
Strength: 3/5
“UPSC Questions on Indian Polity (General Studies-Prelims 20/3-2023) 751 • Ca) 1 and 2 only (b) 2 and 3 only • Ce) 2 only Cd) 1, 2 and 3 • 9. Who/Which of the following is the custodian of the Constitution of India? • (a) The President of India • (b) The Prime Minister of India • (c) The Lok Sabha Secretariat • (d) The Supreme Court of India • 10. Which one of the following was given classical language status recently? • Ca) Assamese • Ce) Bhojpuri Cd) Konkani • n. Consider the following statements: Select the correct answer using the code given below. • Ca) 1, 2 and 3 only (b) 2 and 4 only • Ce) 1 and 3 only Cd) 1,2,3 and 4 • 14.”
Why relevant

Presents an exam question listing the President and the Supreme Court as options for 'custodian of the Constitution', showing the question is contested and both are considered plausible by study material.

How to extend

A student could use this to prompt examination of arguments for each organ (President vs Supreme Court) using constitutional text and roles.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

How to study

This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.

Login with Google to unlock study guidance.

Micro-concepts

Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.

Login with Google to unlock micro-concepts.

The Vault

Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.

Login with Google to unlock The Vault.

✓ Thank you! We'll review this.

SIMILAR QUESTIONS

NDA-II · 2018 · Q94 Relevance score: 3.65

Who among the following is the ex officio Chairman of the North Eastern Council?

CAPF · 2008 · Q43 Relevance score: 3.36

Who is empowered by the Constitution of India to dissolve the Lok Sabha before expiry of its terms ?

CDS-II · 2019 · Q34 Relevance score: 3.12

Which of the following state- ments as per the Constitution of India are not correct? 1. The President tenders his resignation to the Chief Justice of India. 2. The Vice-President tenders his resignation to the President of India. 3. The Comptroller and Auditor General of India is removed from his office in the like manner as the President of India. 4. A Judge of the Supreme Court can resign his office by writing under his hand addressed to the Chief Justice of India. Select the correct answer using the code given below-

CDS-I · 2003 · Q54 Relevance score: 2.86

Which one of the following sequence of dignitaries is in correct order as per the protocol in India?

CAPF · 2017 · Q22 Relevance score: 2.68

Who among the following is empowered to establish Inter State Council under Article 263 of the Constitution of India ?