Question

Which one of the following is not correct in respect of the Supreme Court of India?

• A. The Constitution of India made the Supreme Court as the custodian and protector of the Constitution
• B. There is no appeal against the judgement of the Supreme Court
• C. Article 124 of the Constitution of India establishes the Supreme Court of India
• D. A citizen cannot directly approach the Supreme Court for enforcement of Fundamental Rights.

Hint:

Under Article 32, the right to approach the Supreme Court directly for the enforcement of Fundamental Rights is itself a fundamental right.
Be careful to read "NOT correct" questions thoroughly to avoid selecting correct statements.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the statement that is "not correct" (false) regarding the Supreme Court of India.
We need to evaluate each option to check its constitutional validity.


Step 2: Detailed Explanation:

• Statement (A) is correct: The Supreme Court is indeed the custodian, protector, and ultimate interpreter of the Constitution, vested with the power of judicial review to strike down unconstitutional laws.

• Statement (B) is correct: The Supreme Court is the apex court of the land. Its judgments are final, and there is no higher court of appeal against its decisions, although it has the power to review its own judgments under Article 137.

• Statement (C) is correct: Article 124(1) of the Constitution explicitly establishes the Supreme Court of India, stating that there shall be a Supreme Court of India consisting of a Chief Justice of India and other judges.

• Statement (D) is incorrect: Under Article 32 of the Constitution, the "Right to Constitutional Remedies" is itself a Fundamental Right.

• Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution.

• Dr. B.R. Ambedkar famously referred to Article 32 as the "heart and soul" of the Constitution because it allows citizens to directly approach the Supreme Court if their Fundamental Rights are violated.

• Therefore, Statement (D) contains a false claim, making it the correct answer to this "not correct" question.



Step 3: Final Answer:
The incorrect statement is Option (D), as a citizen can indeed directly approach the Supreme Court for the enforcement of Fundamental Rights.