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  • Priyanshee Naik

The Role of the Supreme Court as a Guardian: Article 37 and Its Significance

Written by : Priyanshee Naik , B.A.LL.B ( 1st Year ) Lovely Professional University


Adherence to the rule of law and equality before the law are principles that cannot be denied on given a country is considered a democracy, and the judiciary is the engine that makes it so. The Supreme court, the highest court is the country, acts like a protector by guarding the individual liberties and privileges set by the Constitution. The tasks and especially the power of the Supreme Court in accomplishing this significant mission are clearly formulated in numerous constitutions by Article 37.

Article 37 and its Interpretation: 

The judges and other people having position within the state institutions as well as the administration of justice are obligated to abide by the regulations established in the Constitution, particularly in Article 37.The constitution regularly refers to how the rights of the citizens should be protected, the balance of powers and the Constitution being the ruler over all. Despite cases of differences in interpretation of

Article 37 meta despite cases of the differences in interpretation of the article Number 37 is the main emphasis that the judiciary function holds as the custodian of constitution across different state legal systems.

Upholding the Constitution: 

The primary function of the Supreme Court as "guardian" is to safeguard the written laws. Here is the job of the Supreme Court: interpret the constitution; settle the cases in which the representatives of the government disagree with this document; and make sure that all the branches of government don't violate the approved clauses. Thus, Supreme Court ensures constitutional rights are preserved in the sense of being used as a constrain to legislative and executive moves.

Protecting Fundamental Rights: 

Humanitarianism in a democratic community is about basic freedoms that offer security contrary to government’s injustice and individual liberty. To take care of constitutionality norms, Supreme Court analyzes law acts and governmental acts. That way, the Supreme Court stands as a pillar of defense of fundamental rights. The Supreme Court enjoys the judicial review and, thereby, curtails legislatures from passing the laws which are unconstitutional.

Ensuring Rule of Law: 

The rule of law acts as the basis for making a society perfect in justice and even. Equality before the law and the notion that government actions are in compliance with legal rules come under this rule, i.e. the rule of law. By its verdicts and publicity of its judgments, the Supreme Court sets the frame of the legal order into which the wielders of the government power follow. In the Court's judgments, administrative and public officials are accountable and not allowed to act arbitrarily or to ignore legal proceedings.

Resolving Constitutional Disputes: 

Constitutional theory arguments such as how to define or apply specific articles might occur whenever the government is deciding on a certain issue. The final court of arbitration role of the supreme court consists of settling a such ongoing conflicts and relegating constitutional supremacy. Constitutional law moves towards establishing progressive rulings through these latter ones, which lay precedents for further legal interpretations of future constitutional deployments.


The place of the Supreme Court as a paragon of constitution, basic rights reign, and the rule of law is confirmed in Article 37. The Supreme Court stands for the belief that an individual's rights and opportunities should be maintained and it gives power to the government by availing the opportunity to choose the proper developmental theorist who has withheld his expertise. In a situation to keep up an equitable and just society, it is the duty that it remains unbiased, impartial, and committed to justice.

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