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UPSC Notes

Judicial Review and Powers of High Courts

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Understanding the checks and balances in the Indian political system, the role of the judiciary in upholding the rule of law, and the specific powers and functions of High Courts is essential for UPSC aspirants.

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. High Courts, under Article 226, possess extensive powers, including suo motu jurisdiction, to issue writs for the enforcement of fundamental rights and for any other purpose, thereby acting as guardians of the Constitution and citizens' rights within their territorial jurisdiction.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Basis

High Courts derive their power from Article 226 of the Constitution.

Scope of Writs

Can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for fundamental rights and 'any other purpose'.

Suo Motu Power

Allows courts to take cognizance of a matter on their own initiative, without a formal petition.

Role

Acts as a crucial check on executive and legislative arbitrariness and ensures rule of law.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review

Reference table

Institutions & roles

BodyRole
High CourtsExercises judicial review and writ jurisdiction
Supreme Court of IndiaAppellate authority and original writ jurisdiction
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judiciary's power to review executive/legislative actions.
  • High Courts use Article 226 for writs (broader than SC's Article 32).
  • Suo motu cases initiated by courts themselves.
  • Ensures constitutional compliance & protects citizens' rights.
  • Crucial for maintaining checks and balances in governance.

Elimination traps

Constitutional vs statutory — Distinguish between constitutional powers (like Article 226) and statutory powers of courts, as the former are more fundamental and expansive.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2024Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Indian PolityOpen question
2022Statement-based questions, Conceptual understanding

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Indian PolityOpen question

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Indian PolityOpen question
2022Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Indian PolityOpen question

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Indian PolityOpen question
2021Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Indian PolityOpen question

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Indian PolityOpen question
2021Conceptual understanding, Multi-statement analysis

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Indian PolityOpen question

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Indian PolityOpen question
2019Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question
2014Factual recall, Conceptual understanding

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

Indian PolityOpen question

The power to increase the number of judges in the Supreme Court of India is vested in

Indian PolityOpen question
2014Factual recall, Institutional roles and functions

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

Indian PolityOpen question

The power to increase the number of judges in the Supreme Court of India is vested in

Indian PolityOpen question

Topic timeline

Judiciary & Judicial Review
Prelims 2014· Factual recall, Conceptual understanding

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

Open question

The power to increase the number of judges in the Supreme Court of India is vested in

Open question
Prelims 2014· Factual recall, Institutional roles and functions

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

Open question

The power to increase the number of judges in the Supreme Court of India is vested in

Open question
Prelims 2019· Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question
Prelims 2021· Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Open question

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Open question
Prelims 2021· Conceptual understanding, Multi-statement analysis

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Open question

We adopted parliamentary democracy based on the British model, but how does our model differ from that model? 1. As regards legislation, the British Parliam...

Open question
Prelims 2022· Statement-based questions, Conceptual understanding

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Open question

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Open question
Prelims 2022· Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Open question

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Open question
Prelims 2024· Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Open question

SC refuses urgent hearing on plea against Madras HC order quashing appointment of personal assistants to judges

03 Jul 2026 · High Courts exercise judicial review, including suo motu powers and broad writ jurisdiction (Article 226), to ensure constitutional compliance and protect rights against arbitrary state actions, including in public recruitment.

Read article

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Judicial Review and Powers of High Courts

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Civil Liberties and State Overreach

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Practice writing on this topic

UPSC has asked 8 linked questions on Judicial Review and Powers of High Courts in Mains. Write an answer to one — and get it evaluated.

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