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UPSC Notes

Judicial Review in Electoral Matters

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Judicial review is a fundamental feature of the Indian Constitution, crucial for maintaining the balance of power and protecting fundamental rights. Its application in electoral matters highlights the judiciary's role in safeguarding democratic processes and ensuring constitutionalism.

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. In India, the Supreme Court acts as the guardian of the Constitution, ensuring that all state actions, including those by constitutional bodies like the ECI, adhere to constitutional principles, statutory limits, and uphold democratic values.

Phase IIStatic core

Facts & tables

Key facts

Scope

Allows courts to strike down actions or laws violating the Constitution or exceeding statutory powers.

Role in Democracy

Ensures accountability, transparency, and fairness in democratic processes, including elections.

Specific Intervention

Supreme Court directed ECI to include Aadhaar as proof and publish detailed voter deletion lists for transparency.

Constitutional Basis

Inferred from Articles 13, 32, 136, 141, 142, 226, and 227, though not explicitly mentioned as 'judicial review'.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaExercises judicial review, interprets constitution
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judiciary's power to scrutinize executive/legislative actions.
  • Ensures constitutional validity and adherence to law.
  • Supreme Court intervened in SIR for transparency and inclusivity.
  • Safeguards democratic principles in electoral processes.
  • Highlights checks and balances on constitutional bodies like ECI.

High-confidence PYQs

2025Statement-based questions, Conceptual understanding

Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected ...

Indian PolityOpen question
2023Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

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
2018Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

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
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

Topic timeline

Indian Polity & Governance
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 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 2018· Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

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 2023· Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

Open question
Prelims 2025· Statement-based questions, Conceptual understanding

Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected ...

Open question

Supreme Court to pronounce verdict on Bihar SIR on May 27

27 May 2026 · The Supreme Court exercises judicial review over electoral processes, ensuring constitutional adherence, transparency, and fairness, as seen in its intervention in the Bihar SIR exercise.

Read article

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