UPSC Notes

Judicial Review and Role of Supreme Court

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This concept is fundamental to understanding the Indian democratic structure, the checks and balances system, and the judiciary's role in safeguarding constitutional principles and individual liberties. It highlights the dynamic interaction between the judiciary, legislature, and executive.

Judicial review is a power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. The Supreme Court of India, as the ultimate interpreter and guardian of the Constitution, plays a crucial role in upholding the rule of law, protecting fundamental rights, and ensuring the balance of power among the organs of the state.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Mandate

Empowered by the Constitution (e.g., Articles 13, 32, 136, 142) to review laws and executive actions.

Protector of Rights

Acts as the protector of fundamental rights, intervening against laws that infringe them.

Power to Stay Laws

Can issue stays on the operation of laws pending constitutional challenge.

Guiding Principles

Its pronouncements (e.g., 'bail is the rule, jail is the exception') guide the criminal justice system.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review
Conceptual areaFundamental Rights
Conceptual areaSeparation of Powers & Constitutional Ideals

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets, reviews, protects rights
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • SC acts as guardian of Constitution and fundamental rights through judicial review.
  • Reviews constitutionality of legislative and executive actions.
  • Issued a stay on sedition law (S.124A) in 2022, demonstrating its power.
  • Emphasizes principles like 'bail is the rule' to protect liberty and prevent prolonged incarceration.
  • Recent observations highlight the Court's ongoing role in balancing state power and individual rights.

High-confidence PYQs

Topic timeline

Judiciary & Judicial ReviewFundamental RightsSeparation of Powers & Constitutional Ideals
Prelims 2024· Definition-based questions, Institutional roles and functions

​Coerced consent: On sedition

25 May 2026 · The Supreme Court's exercise of judicial review is vital for constitutional governance, as seen in its interventions regarding the sedition law. Its actions, from issuing stays to clarifying trial procedures and emphasizing principles like 'bail is the rule', demonstrate its role in protecting fundamental rights and ensuring justice, even amidst legislative changes and executive actions.

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Related topics

Practice writing on this topic

UPSC has asked 8 linked questions on Judicial Review and Role of Supreme Court in Mains. Write an answer to one — and get it evaluated.