Protecting Constitution's Supremacy by Supreme Court

The Supreme Court of India is regarded as the ultimate interpreter and guardian of the Constitution. Its primary role includes ensuring that the laws passed by the legislature and the actions taken by the executive are in conformity with the spirit and letter of the Constitution. This power is commonly known as judicial review.

The Supreme Court uses certain principles and doctrines to exercise its power of judicial review and protect the supremacy of the Constitution. Two important concepts in this regard are:

• Due Process of Law: This principle, though not explicitly mentioned in the Indian Constitution in the same way as the US Constitution, has been interpreted and incorporated by the Supreme Court, particularly in the context of Article 21 (Protection of life and personal liberty). 'Due process of law' means that a law must not only establish a procedure but also that the procedure must be fair, just, and reasonable. The Supreme Court can examine the reasonableness and fairness of the law itself, not just the procedure it lays down.
• Procedure Established by Law: This term is explicitly used in Article 21 of the Indian Constitution. It means that a person can be deprived of their life or personal liberty only according to the procedure prescribed by a validly enacted law. The Supreme Court examines whether the law has been properly passed by the competent legislature and whether the executive has followed the procedure laid down in that law. It focuses on the legality of the procedure as defined by the statute.

While 'procedure established by law' primarily focuses on the existence and adherence to a legal procedure, the interpretation incorporating 'due process of law' allows the Supreme Court to assess the substantive fairness of the law itself. By employing both these approaches, the Supreme Court ensures that legislative and executive actions do not arbitrarily infringe upon fundamental rights or violate the basic structure of the Constitution, thereby upholding the Constitution's supremacy.