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UPSC Notes

Judicial Review in India

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Judicial review is a cornerstone of the Indian democratic system, ensuring checks and balances, upholding the supremacy of the Constitution, and protecting citizens' rights. Its application in cases of executive overreach and misuse of power is highly relevant for governance and polity.

Judicial review is the power of the judiciary to examine the constitutionality and legality of legislative enactments and executive orders of both the Central and State governments. If a law or order is found to be in violation of the Constitution, it can be declared null and void by the Supreme Court or High Courts.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Basis

Though not explicitly mentioned, it is implicitly derived from Articles 13, 32, 226, 227, and 136 of the Constitution.

Scope

Extends to both legislative and executive actions, ensuring they conform to the Constitution and statutory provisions.

Basic Structure Doctrine

Judicial review is considered a part of the 'Basic Structure' of the Constitution, meaning it cannot be abrogated even by a constitutional amendment.

Guardian of Rights

It acts as a guardian of Fundamental Rights, protecting citizens from arbitrary state action and executive overreach.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaConstitutional Law
Conceptual areaSeparation of Powers

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaExercises judicial review
High CourtsExercises judicial review
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judiciary's power to review laws/orders.
  • Ensures constitutionality and legality.
  • Derived from Articles 13, 32, 226, etc.
  • Part of the Basic Structure Doctrine.
  • Protects Fundamental Rights from state overreach.

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, 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
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
2020Multi-statement analysis, Conceptual understanding

Consider the following statements: 1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and dem...

Indian PolityOpen question
2019Multi-statement analysis, 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

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

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

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

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

Topic timeline

Constitutional LawSeparation of Powers
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
Prelims 2019· Multi-statement analysis, 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

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

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

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Open question
Prelims 2020· Multi-statement analysis, Conceptual understanding

Consider the following statements: 1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and dem...

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, 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
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

Madras High Court censures former Chennai Police Commissioner Arun for invoking Goondas Act

30 May 2026 · The judiciary's power to scrutinize executive and legislative actions for constitutionality and legality, acting as a vital check on state power and protector of fundamental rights, forming part of the Basic Structure.

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