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Who is the guardian of fundamental rights enumerated in Constitution?
1. President
2. Parliament
3. Supreme Court
4. Cabinet Ministers

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Correct Answer - Option 3 : Supreme Court

The correct answer is Supreme Court.

  • The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protects the Fundamental Rights of the citizens from being exploited.
  • The Supreme Court, as the Guardian of Fundamental Rights, can declare any law null and void if it violates fundamental rights.

  •  Article 32 of the Constitution (Right to Constitutional Remedies): It is a fundamental right, which states that individuals have the right to approach the Supreme Court (SC) seeking enforcement of other fundamental rights recognized by the Constitution.
  • Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.
  • The Supreme Court stands at the apex of the judicial system of the country.
    • Article 124 provides for the establishment and constitution of the Supreme court.
    • Established as the Supreme court of India on 28th January 1950.
    • Also known as the 'guardian of our Constitution.
    • Also known as 'court of record'.
  • The Chief Justice and other Judges of the Indian Supreme Court are appointed by the President
  • The power to increase or decrease the number of judges of the supreme court rests with the Parliament.
  • After the appointment of the new four justices on 18 September 2019, the strength of the Supreme court increases from 30 to 34.
  • The chief justice of India is the head of the Supreme Court of India.
  • The appointment of judges other than the chief justice, the chief justice of India shall always be consulted.

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  • The Judges of the Supreme Court can be removed only by the Parliament by the procedure established by Law.
    • A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehavior or incapacity.
    • A motion containing the charges against the judge must be approved by a special majority in both Houses of Parliament.
    • After the motion passed by both the houses by a special majority, it will be sent to the President.
    • Finally, the President gives his order of removal o the judge concerned.

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