UPSC Notes

Judicial Intervention in Executive Functioning

PYQs

9

Articles

2

Momentum

25

Phase IFoundation

Background

Overview

Crucial for understanding the separation of powers, accountability of the executive, and the role of the Supreme Court as the guardian of the Constitution and fundamental rights, particularly in cases involving citizens' welfare abroad.

The Indian Constitution establishes a system of checks and balances, empowering the judiciary, particularly the Supreme Court, to review the actions of the executive and legislature. This power, known as judicial review, ensures that government bodies act within their constitutional and legal mandates and uphold the fundamental rights of citizens.

Phase IIStatic core

Facts & tables

Key facts

Origin

Derived from the concept of constitutional supremacy and rule of law.

Scope

Can direct executive bodies to perform their duties, especially when fundamental rights are at stake or there is a failure of duty.

Purpose

To prevent arbitrary exercise of power, ensure accountability, and protect citizens' rights.

Mechanism

Often exercised through writs (Habeas Corpus, Mandamus, etc.) or specific orders/directions.

Constitutional Basis

Articles 32, 136, 226, 227 of the Constitution.

Grounds for Review

Ultra vires, abuse of discretion, procedural impropriety, irrationality, unreasonableness.

Reference table

Types of Writs for Judicial Review

WritPurpose
CertiorariTo quash an order passed by an inferior court or tribunal.
MandamusTo compel a public authority to perform its duty.
ProhibitionTo prevent an inferior court or tribunal from exceeding its jurisdiction.
Quo WarrantoTo inquire into the legality of a claim by a person to a public office.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review
Conceptual areaSeparation of Powers & Constitutional Ideals
Conceptual areaRule of Law
Conceptual areaSeparation of Powers

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaDirects
Ministry of External Affairs (MEA)Directed
High CourtsReviews
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judiciary can scrutinize executive actions.
  • Ensures adherence to constitutional principles and laws.
  • Protects fundamental rights of citizens.
  • Part of the checks and balances system.
  • SC can issue specific orders/directions to government bodies.

High-confidence PYQs

Topic timeline

Judiciary & Judicial ReviewSeparation of Powers & Constitutional IdealsRule of LawSeparation of Powers
Prelims 2024· Definition-based questions, Institutional roles and functions

Supreme Court directs MEA to trace Indian seafarer missing after Black Sea drone attack

03 Aug 2026 · The Supreme Court's power to direct the executive, as seen in the MEA case, exemplifies judicial review, ensuring government accountability and protection of citizens' rights.

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Supreme Court quashes Bombay HC order directing Maharashtra FDA to pay ₹5 lakh compensation

06 Oct 2026 · Judicial review allows higher courts to scrutinize administrative decisions for legality, rationality, and adherence to due process, ensuring government accountability and protecting rights.

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Related topics

Practice writing on this topic

UPSC has asked 9 linked questions on Judicial Intervention in Executive Functioning in Mains. Write an answer to one — and get it evaluated.

UPSC Prelims PYQs on Judicial Intervention in Executive Functioning

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

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. 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...

2023·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

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

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...

2018·Indian Polity
Solve

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

2019·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

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 ...

2025·Indian Polity
Solve

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