Judicial Review and Role of Supreme Court
Indian Polity & Governance
- PYQs8
- Articles1
Background
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.
Facts & tables
- 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.
| Type | Reference |
|---|---|
| Conceptual area | Judiciary & Judicial Review |
| Conceptual area | Fundamental Rights |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets, reviews, protects rights |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Conceptual understanding
- 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.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2023 | Statement-based questions, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2022 | Statement-based questions, Factual recall |
| 2019 | Statement-based questions, Conceptual understanding |
| 2019 | Conceptual understanding, Institutional roles and functions |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
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Judiciary & Judicial Review
Conceptual area
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Fundamental Rights
Conceptual area
-
Separation of Powers & Constitutional Ideals
Conceptual area
-
Prelims 2014
Factual recall, Institutional roles and functions
-
Prelims 2018
Statement-based questions, Conceptual understanding
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Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2019
Conceptual understanding, Institutional roles and functions
-
Prelims 2022
Statement-based questions, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Coerced consent: On sedition
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.
See also
No related topics linked yet.
Past papers
2014–2024 · 8 questions
In the news
Coerced consent: On sedition
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.
Try these PYQs
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.
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 validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
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.
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.
Show 3 more PYQs
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) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.