Judicial Review and Powers of High Courts
Indian Polity & Governance
- PYQs8
- Articles1
Background
Understanding the checks and balances in the Indian political system, the role of the judiciary in upholding the rule of law, and the specific powers and functions of High Courts is essential for UPSC aspirants.
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. High Courts, under Article 226, possess extensive powers, including suo motu jurisdiction, to issue writs for the enforcement of fundamental rights and for any other purpose, thereby acting as guardians of the Constitution and citizens' rights within their territorial jurisdiction.
Facts & tables
- Constitutional Basis
- High Courts derive their power from Article 226 of the Constitution.
- Scope of Writs
- Can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for fundamental rights and 'any other purpose'.
- Suo Motu Power
- Allows courts to take cognizance of a matter on their own initiative, without a formal petition.
- Role
- Acts as a crucial check on executive and legislative arbitrariness and ensures rule of law.
| Type | Reference |
|---|---|
| Conceptual area | Judiciary & Judicial Review |
| Body | Role |
|---|---|
| High Courts | Exercises judicial review and writ jurisdiction |
| Supreme Court of India | Appellate authority and original writ jurisdiction |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Conceptual understanding
- Judiciary's power to review executive/legislative actions.
- High Courts use Article 226 for writs (broader than SC's Article 32).
- Suo motu cases initiated by courts themselves.
- Ensures constitutional compliance & protects citizens' rights.
- Crucial for maintaining checks and balances in governance.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2022 | Statement-based questions, Conceptual understanding |
| 2022 | Statement-based questions, Factual recall |
| 2021 | Statement-based questions, Conceptual understanding |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2019 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
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Judiciary & Judicial Review
Conceptual area
-
Prelims 2014
Factual recall, Conceptual understanding
-
Prelims 2014
Factual recall, Institutional roles and functions
-
Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
-
Prelims 2022
Statement-based questions, Conceptual understanding
-
Prelims 2022
Statement-based questions, Factual recall
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
SC refuses urgent hearing on plea against Madras HC order quashing appointment of personal assistants to judges
High Courts exercise judicial review, including suo motu powers and broad writ jurisdiction (Article 226), to ensure constitutional compliance and protect rights against arbitrary state actions, including in public recruitment.
See also
Past papers
2014–2024 · 8 questions
In the news
SC refuses urgent hearing on plea against Madras HC order quashing appointment of personal assistants to judges
High Courts exercise judicial review, including suo motu powers and broad writ jurisdiction (Article 226), to ensure constitutional compliance and protect rights against arbitrary state actions, including in public recruitment.
Try these PYQs
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 as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
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 India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defines Civil Contempt and Criminal Contempt.
4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.
Which of the statements given above is/are correct?
Statement 1 is correct: The Contempt of Courts Act, 1971 was enacted based on the recommendations of the H.N. Sanyal Committee, which examined the law relating to contempt of courts. Statement 2 is correct: Articles 129 and 215 of the Constitution empower the Supreme Court and High Courts, respectively, to punish for contempt of themselves. Statement 3 is incorrect: The Constitution does not define civil contempt and criminal contempt; these are defined under the Contempt of Courts Act, 1971. Statement 4 is correct: Parliament has the power to make laws on contempt of court, as evidenced by the enactment of the Contempt of Courts Act, 1971.
With reference to the writs, issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty. Statement 2 is correct: As explained above, Mandamus can be used against a government corporation and/or company when it is discharging a "public duty", so the statement is incomplete. Public Duty is Key: Mandamus aims to compel performance of a public duty, not just private functions. Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note (on Statement 2): In UPSC Prelims, statements must be judged as written, without adding extra conditions. A company does not become subject to the writ of Mandamus only because it is a Government company. Government ownership by itself is not enough. Since Statement 2 is framed in this limited and absolute sense, and no additional condition like “public duty” is mentioned, the statement is treated as correct.
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 be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.
Show 3 more PYQs
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its
Article 131 of the Constitution of India provides for the original jurisdiction of the Supreme Court to settle the disputes between the different units of the Indian Federation such as between the Centre and one or more states and, between the states.
The power to increase the number of judges in the Supreme Court of India is vested in
According to article 124(1), There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than thirty-three other Judges.
Thus, the Constitution vests the authority to increase the number of Judges in the Parliament.
We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court
Select the correct answer using the codes given below.
Statement 1 is Correct: The key difference lies in Parliamentary Supremacy. In the British model, Parliament is considered sovereign. This means its legislative powers are supreme, and its laws cannot be challenged by any other body. In India, the Constitution is supreme. Parliament's power to legislate is limited by the Constitution. The judiciary can review laws passed by Parliament and strike them down if they violate the Constitution. Statement 2 is also Correct: This is a specific example of the limitation on Parliament's power in India. The Constitution Bench of the Supreme Court has the authority to review amendments made to existing laws (Acts) and determine if they are constitutional. This power of judicial review ensures the Constitution remains the supreme law.