Judicial Review and Suo Motu Cognizance
Indian Polity & Governance
- PYQs8
- Articles1
Background
UPSC frequently asks about the role of the judiciary, its powers (like suo motu), and the balance between judicial activism and restraint in a democracy. Understanding these concepts is crucial for civil servants in upholding constitutional principles.
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. Suo motu cognizance refers to the power of a court to take notice of a matter on its own initiative, without any formal petition or application, typically in cases of public interest or grave injustice.
Facts & tables
- Constitutional Basis
- Implied by Articles 13, 32, 226, though not explicitly mentioned as 'judicial review'.
- Purpose
- To uphold the supremacy of the Constitution, protect fundamental rights, and ensure checks and balances.
- Suo Motu Application
- Often used by higher courts (SC and HCs) to address issues of public importance or human rights violations.
- Judicial Restraint
- A principle where the judiciary limits its own power, deferring to the legislative and executive branches, especially in policy matters.
| Type | Reference |
|---|---|
| Conceptual area | Judiciary & Judicial Review |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets, adjudicates |
| High Courts | Interprets, adjudicates |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Conceptual understanding
- Judicial review: SC/HC power to examine constitutionality.
- Suo motu: Court takes action on its own initiative.
- Implied from Articles 13, 32, 226.
- Debate: Judicial activism vs. restraint.
- Ensures constitutional supremacy & rights protection.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2024 | Factual recall, Conceptual understanding |
| 2022 | Statement-based questions, Factual recall |
| 2021 | Statement-based questions, Conceptual understanding |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
-
Judiciary & Judicial Review
Conceptual area
-
Separation of Powers & Constitutional Ideals
Conceptual area
-
Prelims 2014
Factual recall, Conceptual understanding
-
Prelims 2014
Factual recall, Institutional roles and functions
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
-
Prelims 2022
Statement-based questions, Factual recall
-
Prelims 2024
Factual recall, Conceptual understanding
-
Prelims 2025
Statement-based questions, Conceptual understanding
-
‘Don’t waste our time’: CJI Kant declines to take cognisance of police violence during CJP’s Parliament march
The Supreme Court's decision to decline suo motu cognizance in a case of alleged police brutality highlights the ongoing debate regarding the extent of judicial intervention and the principle of judicial restraint, even when fundamental rights are potentially at stake.
See also
Past papers
2014–2025 · 8 questions
In the news
‘Don’t waste our time’: CJI Kant declines to take cognisance of police violence during CJP’s Parliament march
The Supreme Court's decision to decline suo motu cognizance in a case of alleged police brutality highlights the ongoing debate regarding the extent of judicial intervention and the principle of judicial restraint, even when fundamental rights are potentially at stake.
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.
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.
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.
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.
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.
Show 3 more PYQs
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 to limited judicial review.
II. The President can exercise this power without the advice of the Council of Ministers.
Which of the statements given above is/are correct?
Statement I is correct: President’s pardoning power can be subjected to limited judicial review, especially on grounds like mala fides, irrelevant considerations, or arbitrariness (as held in Kehar Singh, Epuru Sudhakar cases). Statement II is incorrect: President cannot act independently; the power must be exercised on the aid and advice of the Council of Ministers under Article 74.
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.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.