UPSC Notes

Judicial Review and Role of Supreme Court

PYQs

10

Articles

2

Momentum

27

Phase IFoundation

Background

Overview

This concept is fundamental to understanding the Indian democratic structure, the checks and balances system, and the judiciary's role in safeguarding constitutional principles and individual liberties. It highlights the dynamic interaction between the judiciary, legislature, and executive.

Judicial review is a power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. The Supreme Court of India, as the ultimate interpreter and guardian of the Constitution, plays a crucial role in upholding the rule of law, protecting fundamental rights, and ensuring the balance of power among the organs of the state.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Mandate

Empowered by the Constitution (e.g., Articles 13, 32, 136, 142) to review laws and executive actions.

Protector of Rights

Acts as the protector of fundamental rights, intervening against laws that infringe them.

Power to Stay Laws

Can issue stays on the operation of laws pending constitutional challenge.

Guiding Principles

Its pronouncements (e.g., 'bail is the rule, jail is the exception') guide the criminal justice system.

Article 141

Law declared by Supreme Court is binding on all courts within India.

Suo Motu Cognizance

The SC can initiate proceedings on its own motion, often in cases of public importance or grave injustice.

Appellate Jurisdiction

The SC hears appeals against judgments of High Courts and other tribunals.

Final Interpreter

The SC is the ultimate interpreter of the Constitution and laws, setting precedents for the entire judicial system.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review
Conceptual areaFundamental Rights
Conceptual areaSeparation of Powers & Constitutional Ideals
Conceptual areaConstitutional Law
Conceptual areaJudicial System

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets, reviews, protects rights
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • SC acts as guardian of Constitution and fundamental rights through judicial review.
  • Reviews constitutionality of legislative and executive actions.
  • Issued a stay on sedition law (S.124A) in 2022, demonstrating its power.
  • Emphasizes principles like 'bail is the rule' to protect liberty and prevent prolonged incarceration.
  • Recent observations highlight the Court's ongoing role in balancing state power and individual rights.

Elimination traps

Constitutional vs statutory — Distinguishing between powers derived from the Constitution (e.g., Article 141, 136) and those from statutes.

Check if created by Constitution or by Parliament.

High-confidence PYQs

Topic timeline

Judiciary & Judicial ReviewFundamental RightsSeparation of Powers & Constitutional IdealsConstitutional Law
Prelims 2024· Definition-based questions, Institutional roles and functions

​Coerced consent: On sedition

25 May 2026 · The Supreme Court's exercise of judicial review is vital for constitutional governance, as seen in its interventions regarding the sedition law. Its actions, from issuing stays to clarifying trial procedures and emphasizing principles like 'bail is the rule', demonstrate its role in protecting fundamental rights and ensuring justice, even amidst legislative changes and executive actions.

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SC criticises Patna HC ruling that removing salwar does not constitute rape attempt

10 Oct 2026 · This concept highlights the Supreme Court's critical functions, including its suo motu powers, appellate jurisdiction, and role as the final interpreter of law, all aimed at ensuring legal consistency, correcting judicial errors, and upholding the rule of law throughout the Indian judicial system.

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Related topics

Practice writing on this topic

UPSC has asked 10 linked questions on Judicial Review and Role of Supreme Court in Mains. Write an answer to one — and get it evaluated.

UPSC Prelims PYQs on Judicial Review and Role of Supreme Court

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

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. 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

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. 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

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

2024·Indian Polity
Solve

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

2014·Indian Polity
Solve

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

2023·Indian Polity
Solve

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

2023·Indian Polity
Solve

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