In its most essential form, the Indian Supreme Court is the custodian of the Constitution of India. In this role, its primary responsibility is to ensure that the fundamental rights of citizens guaranteed under the Constitution are not diluted, eroded, or otherwise impinged upon by the state. It might have begun its existence as a passive court, but over the decades, it has become what I believe to be the most powerful court among its peers in the world.
This superior status manifests itself in at least three ways. Firstly, through its decision in Keshavananda Bharati, the Court assumed the power of judicial review over constitutional amendments. Secondly, through multiple decisions, it assumed the power of judicial appointments to itself and High Courts. And thirdly, it expanded the fundamental right to life and liberty under Article 21 of the Constitution through guaranteeing citizens unique and wide ranging protections, and ensuring the right to approach courts through public interest litigation.
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