Question

Two statements are given. Choose the correct option based on the statements
Statements :
1. The Supreme Court of India is the final interpreter of the constitution
2. The decision of the Supreme Court can be overlooked by the President of India

• A. Only the statement (1) is true
• B. Only the statement (2) is true
• C. Both statements (1) and (2) are true
• D. Both statements (1) and (2) are false

Hint:

The President's power of pardon (Article 72) is a discretionary executive power, not a judicial review power.
The President cannot declare a Supreme Court ruling on a law null and void.
Only Parliament can change the law itself to alter the basis of a judgment.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question is based on Constitutional Law and the separation of powers in India.
We need to examine the status of the Supreme Court and its relationship with the President.

Step 2: Key Concept or Approach:
Analyze the roles of the Judiciary (Supreme Court) and the Executive (President) in the Indian democratic system.

Step 3: Detailed Explanation:

• Let us evaluate

Statement 1: "The Supreme Court of India is the final interpreter of the constitution"
- The Constitution is the supreme law of the land.
- The judiciary has the exclusive duty to interpret its provisions and maintain the rule of law.
- Any law or executive action that violates the constitutional text can be declared unconstitutional by the Supreme Court.
- Thus, the Supreme Court is the ultimate guardian and final interpreter of the Constitution.
- Therefore, Statement 1 is true.

• Let us evaluate

Statement 2: "The decision of the Supreme Court can be overlooked by the President of India"
- Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts within the territory of India.
- Under Article 142, the decrees and orders of the Supreme Court are enforceable throughout the country.
- The President, being the head of the executive, does not possess the power to override, reverse, or "overlook" a judicial decision of the Supreme Court.
- Note: Although the President has pardoning powers under Article 72 to commute or pardon criminal sentences, this is an executive power of mercy, not a judicial override of the legal precedent or decision itself.
- Therefore, Statement 2 is false.

• Since Statement 1 is true and Statement 2 is false, the correct option is Option (A).


Step 4: Final Answer:
Only Statement 1 is true, which corresponds to Option (A).