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Judicial Activism and Constitutional Powers (Articles 32 & 142)

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

UPSC examines the role and powers of the judiciary, the concept of judicial activism, the constitutional framework, and the balance of power between different branches of government.

Judicial activism refers to the judiciary's proactive role in shaping public policy and interpreting the Constitution to protect rights and ensure justice, often stepping into areas traditionally reserved for the legislature or executive. Articles 32 and 142 of the Indian Constitution grant the Supreme Court extraordinary powers to enforce fundamental rights and do complete justice in any cause or matter before it, respectively.

Phase IIStatic core

Facts & tables

Key facts

Article 32

Right to constitutional remedies, empowers SC to issue directions/orders for fundamental rights enforcement.

Article 142

SC's power to do 'complete justice' in any matter before it.

Prajwala Judgment Application

Used these powers to issue a 'Victim Protection Plan' acting as law until Parliament legislates.

Context of Use

Filling legislative vacuum and addressing systemic failures in protecting trafficking victims.

Reference table

Key Constitutional Articles

ArticlePurpose
Article 32Right to constitutional remedies; enforces Fundamental Rights
Article 142Supreme Court's power to do complete justice

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaExercises extraordinary constitutional powers
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judicial activism: SC's proactive role in policy/justice.
  • Article 32: Right to constitutional remedies.
  • Article 142: Power to do complete justice.
  • Prajwala judgment used these for Victim Protection Plan.
  • Plan acts as law, filling legislative gap.

Elimination traps

Constitutional vs statutory — The Victim Protection Plan, though issued by SC, acts as law until Parliament passes a *statutory* law, highlighting the temporary nature of judicial law-making in this context.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2024Definition-based questions, Institutional roles and functions

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question

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

Indian PolityOpen question
2024Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question

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
2019Statement-based questions, Conceptual understanding

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

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
2019Conceptual understanding, Institutional roles and functions

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

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 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 2019· Statement-based questions, Conceptual understanding

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question

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 2019· Conceptual understanding, Institutional roles and functions

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question

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
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

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question

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

Open question
Prelims 2024· Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question

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

Open question

A ‘victim-centric’ shift in cases of sex trafficking

28 Aug 2026 · The Prajwala judgment exemplifies judicial activism by leveraging Articles 32 and 142 to formulate a comprehensive Victim Protection Plan, effectively acting as law, thereby demonstrating the Supreme Court's role in ensuring complete justice and protecting fundamental rights in the absence of adequate legislation.

Read article

Related topics

Current topic

Judicial Activism and Constitutional Powers (Articles 32 & 142)

Often confused with

Civil Liberties and State Overreach

Open notesOften confused with

Public Interest Litigation (PIL)

Open notesOften confused with

Judicial Oversight of Executive Action

Open notes

Practice writing on this topic

UPSC has asked 8 linked questions on Judicial Activism and Constitutional Powers (Articles 32 & 142) in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Judicial Activism and Constitutional Powers (Articles 32 & 142)

Practice official previous year questions asked by UPSC related to this concept.

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 ...

2021·Indian Polity
Solve

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

2014·Indian Polity
Solve

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

2024·Indian Polity
Solve

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

2019·Indian Polity
Solve

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

2014·Indian Polity
Solve

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

2024·Indian Polity
Solve

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 ...

2022·Indian Polity
Solve

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 ...

2019·Indian Polity
Solve

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