Question map
Who/Which of the following is the custodian of the Constitution of India?
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] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > INDEPENDENCE OF SUPREME COURT > p. 289
- [2] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
- [3] http://www.rashtrapatibhavan.gov.in/president%E2%80%99s-secretariat/rti
- [4] https://darpg.gov.in/sites/default/files/org_structure_gov13.pdf
PROVENANCE & STUDY PATTERN
Full viewThis 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.
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?
- Statement 2: Is the Prime Minister of India the custodian of the Constitution of India?
- Statement 3: Is the Lok Sabha Secretariat the custodian of the Constitution of India?
- Statement 4: Is the Supreme Court of India the custodian of the Constitution of India?
- 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.
- 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.
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.
A student could check other constitutional provisions where the President issues orders or notifications to see if this implementation role resembles 'custodianship'.
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.
One could contrast 'formal vesting' with who actually enforces or interprets the Constitution (e.g., courts) to assess whether formal head implies 'custodian'.
Reiterates that executive power is formally vested in the President though exercised through the Council of Ministers, highlighting a ceremonial/formal versus practical distinction.
A student might use this to distinguish symbolic custodial roles from effective guardianship exercised by other organs (like judiciary).
Explains the President's legislative powers as a component of Parliament (similar to the Crown), indicating institutional placement in constitutional machinery.
Compare this institutional placement with the functions typically associated with a 'custodian' (e.g., protecting, interpreting, enforcing) to evaluate the claim.
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.
A student could use this to prompt examination of arguments for each organ (President vs Supreme Court) using constitutional text and roles.
- States the constitutional role: 'there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.'
- This frames the Prime Minister as head of government who advises the President, not as an explicit 'custodian' of the Constitution.
- Article 77 is cited: 'All executive actions of the Government of India shall be expressed to be taken in the name of the President.'
- This emphasizes that executive authority is formally vested in the President, undercutting the idea that the Prime Minister alone is the Constitution's custodian.
The Prime Minister's oath includes swearing 'to bear true faith and allegiance to the Constitution of India' and to act in accordance with the Constitution.
A student could combine this with the general idea that custodianship implies a duty to protect/uphold the Constitution and ask whether taking such an oath implies formal custodianship or only personal/official duty.
Describes the Prime Minister as head of government with wide-ranging and final decision-making powers within the Cabinet.
One could extend this by comparing 'de facto executive authority' with the notion of a constitutional custodian β i.e., does executive control equal custodianship of the constitutional order?
States the PM is the de facto executive, leads the Council of Ministers, advises the President and shapes national policies.
A student might weigh whether leading the executive and advising the President implies custodial responsibility for the Constitution versus other branches sharing that role.
Explains constitutional limits on the President and that executive powers must be exercised according to the Constitution (mentions Article 74(1) and Article 75(1)).
Using this, one could infer a pattern: constitutional actors (President, ministers) are bound by constitutional rules β prompting a check of which organ has explicit constitutional guardianship or interpretive authority.
Contains an exam-style question listing possible 'custodians of the Constitution' including the President, Prime Minister, Lok Sabha Secretariat, and Supreme Court.
A student could use this as a checklist of candidate institutions/bodies to investigate further (e.g., which of these has roles/words in the Constitution indicating custodianship).
- Describes the Lok Sabha Secretariat's role in vetting and processing Appropriation Bills and drafts, indicating a procedural/administrative legislative support function.
- No language in the passage assigns custodianship of the Constitution to the Lok Sabha Secretariat; it shows Secretariat handles bills and parliamentary paperwork.
- Specifies that communications meant for the Lok Sabha Secretariat are addressed to officers in the Secretariat, showing its role as the administrative secretariat of the House.
- Passage emphasizes correspondence and administrative handling, not maintenance or custodianship of the Constitution.
- This document reproduces the text of the Constitution and is issued by the Ministry of Law and Justice, indicating central custodial/legislative publication responsibilities lie with the Law Ministry, not the Lok Sabha Secretariat.
- Passage shows the Constitution's publication context rather than any claim that the Lok Sabha Secretariat is its custodian.
This snippet records a UPSC-style question asking 'Who/Which of the following is the custodian of the Constitution of India?' with options including the Lok Sabha Secretariat and the Supreme Court.
A student could note that competitive-exam questions often contrast legislative administration (Lok Sabha Secretariat) with judicial bodies (Supreme Court) and then check basic sources on which institution is conventionally described as 'custodian' (e.g., role of apex court).
Defines the composition of Parliament as President, Council of States (Rajya Sabha) and House of the People (Lok Sabha), implying the Lok Sabha Secretariat is an administrative organ linked to the legislature.
Knowing the Secretariat is an administrative/secretarial organ of a legislative house, a student can contrast administrative custody with constitutional guardianship (usually a judicial function) using basic civics knowledge.
Describes specific constitutional powers of the Lok Sabha (money bills, responsibility of Council of Ministers), showing the Lok Sabha's role is legislative and political.
From the Lok Sabha's legislative/political functions a student could infer that 'custodian of the Constitution' would more likely be an institution with interpretative/enforcement authority (suggesting comparison with judiciary).
Explains limits and special powers between Lok Sabha and Rajya Sabha, reinforcing that parliamentary organs have defined legislative roles rather than explicit constitutional guardianship.
A student could combine this pattern with the general idea that constitutional guardianship is typically vested in bodies that interpret and enforce constitutional provisions (e.g., higher courts) to test the statement.
States that Rajya Sabha represents states and Lok Sabha the people, emphasising the representative/legislative character of both houses.
Using the representative/legislative character as a rule, a student could rule out administrative legislative organs as primary 'custodians' and instead look to institutions with constitutional adjudicatory roles.
- Explicitly describes the Supreme Court as the 'guardian of the Constitution'.
- Links the Court's role to protection of fundamental rights and constitutional duties.
- Explains the Supreme Court's power of judicial review to strike down laws inconsistent with fundamental rights.
- Shows the Court enforces constitutional distribution of powers between Centre and Statesβa custodial function.
- States the Supreme Court's functions and responsibilities are defined by the Constitution, indicating a constitutional role.
- Notes the Court operates within constitutional limitations while exercising its specified jurisdiction.
- [THE VERDICT]: Sitter. Direct hit from M. Laxmikanth (Chapter: Supreme Court) and NCERT Class XI (Chapter: Judiciary).
- [THE CONCEPTUAL TRIGGER]: The 'Epithets of Constitutional Bodies' theme. UPSC loves asking which specific title (Guardian, Head, Symbol) belongs to which institution.
- [THE HORIZONTAL EXPANSION]: Memorize these specific Constitutional Titles: 1. Supreme Court: Guardian of Constitution, Final Interpreter, Guarantor of Fundamental Rights. 2. President: Head of State, Symbol of Unity, Integrity & Solidarity. 3. CAG: Guardian of the Public Purse. 4. Election Commission: Bulwark of the Democratic system. 5. Prime Minister: 'Keystone of the Cabinet Arch' (Lord Morley), 'Primus Inter Pares'.
- [THE STRATEGIC METACOGNITION]: When reading Polity, maintain a 'Who is What?' table. Don't just read powers; read the *nature* of the office. Distinguish between 'Formal Head' (President) and 'Protector/Custodian' (Judiciary).
Several references state that the President is the formal/constitutional head while real executive power lies with the Council of Ministers; this distinction is central to judging claims that the President is the 'custodian' of the Constitution.
High-yield for UPSC polity questions: clarifies the President's ceremonial role versus executive responsibility, links to parliamentary system and ministerial responsibility. Helps answer MCQs and mains questions contrasting nominal and real executive. Prepare by memorising textbook statements (e.g., Laxmikanth, NCERT) and practicing comparison-based questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > CONSTITUTIONAL POSITION OFTHE PRESIDENT > p. 199
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 4: EXECUTIVE > PARLIAMENTARY EXECUTIVE IN INDIA > p. 84
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > CONSTITUTIONAL POSITION OFTHE PRESIDENT > p. 199
References note that the President must exercise powers according to the Constitution and on aid and advice of Council of Ministers, showing constraints on unilateral constitutional guardianship.
Important for prelims and mains: explains constitutional checks on the President, grounds for judicial review and conventions. Frequently tested as scenario-based questions about who acts/decides and when. Study approach: focus on Articles cited, landmark interpretations, and practise application-based questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
- 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
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 211
Evidence shows the President can issue orders under Article 370 to apply constitutional provisions to Jammu & Kashmir, illustrating a specific constitutional function distinct from being overall 'custodian'.
Moderate-high relevance: explains one of the President's concrete constitutional powers and interplay between special provisions and presidential orders; useful for contemporary/current-affairs-linked polity questions. Preparation: learn the scope of Article 370 powers, landmark orders, and their limits.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 15: Jammu and Kashmir > JAMMU &: I{ASHMIR > p. 297
References show the Prime Minister swears to 'bear true faith and allegiance to the Constitution' and to act according to it, which is directly relevant to claims about custodianship or duty towards the Constitution.
High-yield for UPSC: distinguishes personal/constitutional duties vs. institutional 'custodian' role; helps answer questions on obligations of constitutional office-holders. Connects to topics on oath, constitutional morality, and accountability. Prepare by memorising oath clauses and practising questions contrasting duties and powers.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 20: Prime Minister > OATH, TERM AND SALARY > p. 208
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 20: Prime Minister > OATH, TERM AND SALARY > p. 208
Evidence identifies the Prime Minister as the de facto (real) executive while the President is nominal, clarifying the PM's functional position in constitutional practice.
Frequently tested: informs questions on distribution of executive power, collective responsibility, and loci of real authority. Links to President's role, Council of Ministers, and parliamentary conventions. Study by comparing constitutional text with convention-based practice and key examples.
- Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 6: The Parliamentary System: Legislature and Executive > 2) The Prime Minister and the Council of Ministers > p. 152
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > CONSTITUTIONAL POSITION OFTHE PRESIDENT > p. 199
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > CONSTITUTIONAL POSITION OFTHE PRESIDENT > p. 199
References note Article 75 and the convention that the President appoints the majority party leader as PM, showing constitutional procedure and limits on presidential discretion.
Important for UPSC: useful for questions on appointment, discretionary situations, and constitutional conventions in coalition/uncertain scenarios. Connects to President-PM relations and Article 74/75. Preparation: study Articles, major precedents, and differences between text and convention.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 20: Prime Minister > APPOINTMENT OF THE PRIME MINISTER > p. 207
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 20: Prime Minister > APPOINTMENT OF THE PRIME MINISTER > p. 207
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
Understanding which constitutional bodies exist is a prerequisite to identifying which institution could be termed a 'custodian' of the Constitution.
High-yield for UPSC: questions often test institutional composition and roles. Knowing the three parts of Parliament helps connect questions on legislative authority, constitutional guardianship, and checks-and-balances. Prepare by memorising Articles/definitions and practising comparative Qs on institutional roles.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > ORGANISATION OF PARLIAMENT > p. 222
Since they asked about the 'Custodian of the Constitution' (SC), the next logical sibling is the 'Guardian of the Public Purse'. The answer is the Comptroller and Auditor General (CAG). Another potential question: Who is the 'Final Interpreter' of the Constitution? (Again, Supreme Court).
Apply the 'Conflict of Interest' logic. A 'Custodian' must be neutral and independent to police the system.
- The PM is a political player.
- The President acts on the aid and advice of the PM (Article 74), so he is not independent.
- The Lok Sabha Secretariat is administrative staff.
- Only the Supreme Court is constitutionally insulated from the Executive and Legislature, making it the only logical 'Custodian'.
Link this to Mains GS-2: 'Basic Structure Doctrine'. The Supreme Court's role as 'Custodian' is the legal basis for the Kesavananda Bharati judgment. Because they are the custodians, they have the inherent power to strike down constitutional amendments that violate its basic structureβa power the President or PM does not possess.