UPSC PracticeUPSC Practice
UPSC Notes

Judicial Review and Protection of Fundamental Rights

PYQs

11

Articles

2

Momentum

29

Phase IFoundation

Background

Overview

UPSC frequently examines the judiciary's role in maintaining constitutional balance, protecting citizens' rights, and acting as a guardian of the Constitution, especially in cases of executive excess and human rights violations.

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. In India, the Supreme Court and High Courts act as guardians of the Constitution and protectors of fundamental rights, ensuring that state actions do not infringe upon the liberties of citizens.

Phase IIStatic core

Facts & tables

Key facts

Writ Jurisdiction

Articles 32 and 226 empower the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights.

Judicial Directives

The judiciary can direct investigations, order compensation, and ensure accountability of state actors for violations of rights.

Public Interest Litigation (PIL)

Public Interest Litigations (PILs) are a significant tool for individuals and groups to seek judicial intervention on matters of public importance, including human rights.

Rule of Law

The principle of 'rule of law' mandates that all state actions must be in accordance with the law, and the judiciary ensures this adherence.

Constitutional Basis

Derived from Articles 13, 32, 226, 136, 142, and 246 of the Indian Constitution.

Basic Structure Doctrine

Judicial review forms part of the 'Basic Structure' of the Constitution, as affirmed in the Kesavananda Bharati case (1973).

Checks and Balances

Acts as a crucial check on legislative and executive overreach, upholding the rule of law and constitutional supremacy.

Guardian of Rights

Empowers courts to protect citizens' fundamental rights from infringement by the state, often through writs like Habeas Corpus.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaFundamental Rights
Conceptual areaSeparation of Powers

Reference table

Institutions & roles

BodyRole
Delhi High CourtExercises judicial review
Allahabad High CourtExercises judicial review power
Supreme Court of IndiaApex body for judicial review and constitutional interpretation
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Conceptual understanding

Prelims angle: Multi-statement analysis

Quick revision

  • Judicial review: court power to check constitutionality.
  • SC/HCs: guardians of Constitution, fundamental rights.
  • Articles 32 & 226: writ jurisdiction for rights.
  • PILs: tool for public interest litigation.
  • Upholds Rule of Law, executive accountability.

Elimination traps

Constitutional vs statutory — Distinguishing between the constitutional powers of the Supreme Court/High Courts (e.g., writ jurisdiction) and the powers of statutory bodies (e.g., NHRC) in addressing grievances.

Check if created by Constitution or by Parliament.

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
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

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Indian PolityOpen question

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
2022Statement-based questions, Conceptual understanding

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Indian PolityOpen question

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
2021Conceptual understanding, Multi-statement analysis

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

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
2021Statement-based questions, Conceptual understanding

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

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
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

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

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
2019Statement-based questions, Conceptual understanding

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

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, 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
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

Topic timeline

Indian Polity & GovernanceFundamental RightsSeparation of Powers
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 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 2019· Multi-statement analysis, Conceptual understanding

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

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· Statement-based questions, Conceptual understanding

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

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 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· Conceptual understanding, Multi-statement analysis

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

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 2021· Statement-based questions, Conceptual understanding

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

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

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Open question

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 2022· Statement-based questions, Conceptual understanding

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

Open question

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
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

Three days since July 20 violence, Delhi Police, MHA yet to acknowledge police excesses

24 Jul 2026 · Judicial review allows courts to scrutinize state actions for constitutionality and legality. Constitutional courts (SC, HCs) protect fundamental rights via writs (Art 32, 226) and PILs, ensuring executive accountability and upholding the rule of law.

Read article

Ray of hope: On courts and reflexive arrests

10 Sep 2026 · Judicial review empowers courts to scrutinize executive and legislative actions for constitutionality, serving as a vital mechanism to protect fundamental rights and prevent state arbitrariness.

Read article

Related topics

Current topic

Judicial Review and Protection of Fundamental Rights

Often confused with

Judicial Independence and Constitutional Morality

Open notesOften confused with

Civil Liberties and State Overreach

Open notesOften confused with

Judicial Oversight of Executive Action

Open notes

Practice writing on this topic

UPSC has asked 11 linked questions on Judicial Review and Protection of Fundamental Rights in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Judicial Review and Protection of Fundamental Rights

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

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...

2021·Indian Polity
Solve

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

With reference to the writs, issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unles...

2022·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

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

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. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and dem...

2020·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

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

2014·Indian Polity
Solve

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