UPSC PracticeUPSC Practice
UPSC Notes

Judicial Review and Protection of Fundamental Rights

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

UPSC frequently asks about the powers and functions of the judiciary, its role in safeguarding the Constitution, and its impact on governance and human rights. It is a cornerstone of India's democratic framework.

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. In India, the Supreme Court and High Courts act as guardians of the Constitution and protectors of fundamental rights, ensuring that state actions do not infringe upon the liberties of citizens.

Phase IIStatic core

Facts & tables

Key facts

Writ Jurisdiction

Articles 32 and 226 empower the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights.

Judicial Directives

The judiciary can direct investigations, order compensation, and ensure accountability of state actors for violations of rights.

Public Interest Litigation (PIL)

Public Interest Litigations (PILs) are a significant tool for individuals and groups to seek judicial intervention on matters of public importance, including human rights.

Rule of Law

The principle of 'rule of law' mandates that all state actions must be in accordance with the law, and the judiciary ensures this adherence.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaFundamental Rights
Conceptual areaSeparation of Powers

Reference table

Institutions & roles

BodyRole
Delhi High CourtExercises judicial review
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Definition-based questions

Prelims angle: Institutional roles and functions

Quick revision

  • Judicial review: court power to check constitutionality.
  • SC/HCs: guardians of Constitution, fundamental rights.
  • Articles 32 & 226: writ jurisdiction for rights.
  • PILs: tool for public interest litigation.
  • Upholds Rule of Law, executive accountability.

Elimination traps

Constitutional vs statutory — Distinguishing between the constitutional powers of the Supreme Court/High Courts (e.g., writ jurisdiction) and the powers of statutory bodies (e.g., NHRC) in addressing grievances.

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

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

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
2022Statement-based questions, Factual recall

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

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
2021Conceptual understanding, Multi-statement analysis

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

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
2021Statement-based questions, Conceptual understanding

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

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
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, Institutional roles and functions

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

Indian PolityOpen question

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

Indian PolityOpen question
2014Factual recall, Conceptual understanding

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

Indian PolityOpen question

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

Indian PolityOpen question

Topic timeline

Indian Polity & GovernanceFundamental RightsSeparation of Powers
Prelims 2014· Factual recall, Institutional roles and functions

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

Open question

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

Open question
Prelims 2014· Factual recall, Conceptual understanding

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

Open question

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

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· Conceptual understanding, Multi-statement analysis

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

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
Prelims 2021· Statement-based questions, Conceptual understanding

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

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
Prelims 2022· Statement-based questions, Conceptual understanding

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

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
Prelims 2022· Statement-based questions, Factual recall

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

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
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

Three days since July 20 violence, Delhi Police, MHA yet to acknowledge police excesses

24 Jul 2026 · Judicial review allows courts to scrutinize state actions for constitutionality and legality. Constitutional courts (SC, HCs) protect fundamental rights via writs (Art 32, 226) and PILs, ensuring executive accountability and upholding the rule of law.

Read article

Related topics

Current topic

Judicial Review and Protection of Fundamental Rights

Often confused with

Judicial Independence and Constitutional Morality

Open notesOften confused with

Civil Liberties and State Overreach

Open notes

Practice writing on this topic

UPSC has asked 8 linked questions on Judicial Review and Protection of Fundamental Rights in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer
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