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Q61 (IAS/2015) Polity & Governance β€Ί Judiciary β€Ί Supreme Court structure and powers Official Key

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

Result
Your answer: β€”  Β·  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.
53%
got it right
PROVENANCE & STUDY PATTERN
Full view
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 Β· 7.5/10

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
β€œOn 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
β€œIndia, 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
β€œand 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
β€œIV. 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
β€œUPSC Questions on Indian Polity (General Studies-Prelims 20/3-2023) 751 β€’ Ca) 1 and 2 only (b) 2 and 3 only β€’ Ce) 2 only Cd) 1, 2 and 3 β€’ 9. Who/Which of the following is the custodian of the Constitution of India? β€’ (a) The President of India β€’ (b) The Prime Minister of India β€’ (c) The Lok Sabha Secretariat β€’ (d) The Supreme Court of India β€’ 10. Which one of the following was given classical language status recently? β€’ Ca) Assamese β€’ Ce) Bhojpuri Cd) Konkani β€’ n. Consider the following statements: Select the correct answer using the code given below. β€’ Ca) 1, 2 and 3 only (b) 2 and 4 only β€’ Ce) 1 and 3 only Cd) 1,2,3 and 4 β€’ 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 2
Is the Prime Minister of India the custodian of the Constitution of India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice."
Why this source?
  • 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.
Web source
Presence: 4/5
"77. (1) All executive actions of the Government of India shall be expressed to be taken in the name of the President."
Why this source?
  • 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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 20: Prime Minister > OATH, TERM AND SALARY > p. 208
Strength: 5/5
β€œt OATH, TERM AND SALARY Before the Prime Minister enters upon his/ he r office, the President administers to him/ her the oaths of office and secrecy. In his/ her oath of office, the Prime Minister swears: β€’ 1. to bear true faith and allegiance to the Constitution of India , β€’ 2. to uphold the sovereignty and integrity of India, β€’ 3. to faithfully and conscien tly discharge the duties of his/her office, and β€’ 4 . to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.”
Why relevant

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.

How to extend

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.

Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > Powers of the ers theers Prime Minister > p. 66
Strength: 4/5
β€œThe Constitution does not say very much about the powers of the Prime Minister or the ministers or their relationship with each other. But as head of the government, the Prime Minister has wide-ranging powers. He chairs Cabinet meetings. He coordinates the work of different Departments. His decisions are final in case disagreements arise between Departments. He exercises general supervision of different ministries. All ministers work under his leadership. Thus, if the Cabinet is the most powerful institution in India, within the Cabinet it is the Prime Minister. Who is the most powerful? The powers of the Prime Minister in all parliamentary democracies of the world have increased so much in recent decades that parliamentary democracies are sometimes seen as Prime Ministerial form of government.”
Why relevant

Describes the Prime Minister as head of government with wide-ranging and final decision-making powers within the Cabinet.

How to extend

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?

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
Strength: 4/5
β€œThe Prime Minister is the de facto executive authority in India's Parliamentary system. The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister. The Prime Minister serves with the support of the majority of the MPs in the Lok Sabha. The Prime Minister's key functions include: β€’ Leading the Council of Ministers Coordinating the work of different ministriesβ€’ Advising the President Shaping national policies The Prime Minister and the Council of Ministers take decisions and run the government. They are collectively responsible to the Lok Sabha. Most of the bills that come to the Parliament for discussion are initiated by the government.”
Why relevant

States the PM is the de facto executive, leads the Council of Ministers, advises the President and shapes national policies.

How to extend

A student might weigh whether leading the executive and advising the President implies custodial responsibility for the Constitution versus other branches sharing that role.

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
Strength: 4/5
β€œBefore we take up an analysis of the different powers of Constitutional the Indian President, we should note the constitutional limitations on President's powers. limitations under which he is to exercise his executive powers. Firstly, he must exercise these powers according to the Constitution [Article 53(1)]. Thus, Article 75(1) explicitly requires that Ministers (other than the Prime Minister) can be appointed by the President only on the advice of the Prime Minister. There will be a violation of this provision if the President appoints a person as Minister from outside the list submitted by the Prime Minister. Secondly, the executive powers shall be exercised by the President of India in accordance with the advice of his Council of Ministers [Article 74(1)].”
Why relevant

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)).

How to extend

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.

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

Contains an exam-style question listing possible 'custodians of the Constitution' including the President, Prime Minister, Lok Sabha Secretariat, and Supreme Court.

How to extend

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).

Statement 3
Is the Lok Sabha Secretariat the custodian of the Constitution of India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"it is sent by them to Lok Sabha Secretariat for final vetting. (vi) The Legislative Section-I of the Lok Sabha Secretariat also sends the draft Appropriation"
Why this source?
  • 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.
Web source
Presence: 4/5
"Correspondence with the Lok Sabha and the Rajya Sabha Secretariatsβ€” Communications meant for the Lok Sabha Secretariat or the Rajya Sabha Secretariat ... may be addressed to the officers concerned in the Secretariat of the House concerned"
Why this source?
  • 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.
Web source
Presence: 2/5
"THE CONSTITUTION OF INDIA [As on 9th September, 2020] ... 2020 GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT"
Why this source?
  • 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.

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

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.

How to extend

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).

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > ORGANISATION OF PARLIAMENT > p. 222
Strength: 4/5
β€œt ORGANISATION OF PARLIAMENT Under the Constitution, the Parliament of India consists of three parts viz, the President, the Council of States and the House of the People. In 1954, the Hindi names 'Rajya Sabha' and 'Lok Sabha' were adopted by the Council of States and the House of People respectively. The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House). Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he/ she is an integral part of the Parliament.”
Why relevant

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.

How to extend

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.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 5: LEGISLATURE > Special Powers of Rajya Sabha > p. 110
Strength: 4/5
β€œPowers exercised only by the Lok Sabha: Then, there are powers that only the Lok Sabha exercises. The Rajya Sabha cannot initiate, reject or amend money bills. The Council of Ministers is responsible to the Lok Sabha and not Rajya Sabha. Therefore, Rajya Sabha can criticise the government but cannot remove it. Can you explain why? The Rajya Sabha is elected by the MLAs and not directly by the people. Therefore, the Constitution stopped short of giving certain powers to the Rajya Sabha. In a democratic form as adopted by our Constitution, the people are the final authority. By this logic, the representatives, directly elected by the people, should have the crucial powers of removing a government and controlling the finances.”
Why relevant

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.

How to extend

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).

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Special Powers of Ra;ya Sabha > p. 261
Strength: 3/5
β€œthe Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone (Articles 352, 356 and 360). An analysis of the above points makes it clear that the position of the Rajya Sabha in our constitutional system is not as weak as that of the House of Lords in the British constitutional system nor as strong as that of the Senate in the American constitutional system. Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with that of the Lok Sabha.”
Why relevant

Explains limits and special powers between Lok Sabha and Rajya Sabha, reinforcing that parliamentary organs have defined legislative roles rather than explicit constitutional guardianship.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > III Bi~ameralism > p. 139
Strength: 3/5
β€œThe Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole. The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.”
Why relevant

States that Rajya Sabha represents states and Lok Sabha the people, emphasising the representative/legislative character of both houses.

How to extend

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.

Statement 4
Is the Supreme Court of India the custodian of the Constitution of India?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > INDEPENDENCE OF SUPREME COURT > p. 289
Presence: 5/5
β€œt INDEPENDENCE OF SUPREME COURT The Supreme Court has been assigned a very significant role in the Indian political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it. It should be free from encroachments, pressures and interferences of the executive (Council of Ministers) and the Legislature (Parliament). The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court: 1.”
Why this source?
  • Explicitly describes the Supreme Court as the 'guardian of the Constitution'.
  • Links the Court's role to protection of fundamental rights and constitutional duties.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
Presence: 4/5
β€œThe term judicial review is nowhere mentioned in the Constitution. However, the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review. Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list.”
Why this source?
  • 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 Statesβ€”a custodial function.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Jurisdiction of Supreme Court > p. 131
Presence: 3/5
β€œThe Supreme Court of India is one of the very powerful courts anywhere in the world. However, it functions within the limitations imposed by the Constitution. The functions and responsibilities of the Supreme Court are defined by the Constitution. The Supreme Court has specific jurisdiction or scope of powers.”
Why this source?
  • 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.
Pattern takeaway: UPSC consistently tests the distinction between 'Executive Authority' and 'Constitutional Guardianship'. The pattern is to confuse the 'Head of State' (President) with the 'Guardian of the Constitution' (SC). Always look for the institution that has the power of *Review* and *Interpretation*.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct hit from M. Laxmikanth (Chapter: Supreme Court) and NCERT Class XI (Chapter: Judiciary).
  2. [THE CONCEPTUAL TRIGGER]: The 'Epithets of Constitutional Bodies' theme. UPSC loves asking which specific title (Guardian, Head, Symbol) belongs to which institution.
  3. [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'.
  4. [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).
Concept hooks from this question
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Constitutional position of the President (nominal vs real head)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Is the President of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Presidential powers and constitutional limitations (Articles 53, 74, 75)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Is the President of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ President's special role under Article 370 (applying Constitution to a State)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 15: Jammu and Kashmir > JAMMU &: I{ASHMIR > p. 297
πŸ”— Anchor: "Is the President of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Prime Minister's oath: allegiance to the Constitution
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Is the Prime Minister of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Real vs nominal executive in India's parliamentary system
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Is the Prime Minister of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Appointment of the Prime Minister and constitutional conventions (Article 75)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "Is the Prime Minister of India the custodian of the Constitution of India?"
πŸ“Œ Adjacent topic to master
S3
πŸ‘‰ Composition of Parliament (President, Rajya Sabha, Lok Sabha)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > ORGANISATION OF PARLIAMENT > p. 222
πŸ”— Anchor: "Is the Lok Sabha Secretariat the custodian of the Constitution of India?"
πŸŒ‘ The Hidden Trap

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).

⚑ Elimination Cheat Code

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'.

πŸ”— Mains Connection

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 structureβ€”a power the President or PM does not possess.

βœ“ Thank you! We'll review this.

SIMILAR QUESTIONS

NDA-II Β· 2018 Β· Q94 Relevance score: 3.65

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

CAPF Β· 2008 Β· 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 Β· 2019 Β· 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 Β· 2003 Β· Q54 Relevance score: 2.86

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

CAPF Β· 2017 Β· Q22 Relevance score: 2.68

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