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UPSC Notes

Judicial Review and Suo Motu Cognizance

PYQs

10

Articles

2

Momentum

27

Phase IFoundation

Background

Overview

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.

Phase IIStatic core

Facts & tables

Key facts

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.

Basic Feature

Judicial review is a basic feature of the Indian Constitution (Kesavananda Bharati case).

Initiation

Suo motu cases often arise from media reports, letters, or direct observation by judges.

Role

Serves as a check on the executive and legislature, upholding the rule of law and protecting fundamental rights.

Impact

Can lead to judicial activism, where courts play a more proactive role in governance and policy matters.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaJudiciary & Judicial Review
Conceptual areaSeparation of Powers & Constitutional Ideals

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaInterprets, adjudicates
High CourtsInterprets, adjudicates
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • 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.

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

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question

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

Indian PolityOpen question
2024Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question

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

Indian PolityOpen question
2023Multi-statement analysis, Factual recall

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...

Indian PolityOpen question
2022Statement-based questions, Factual recall

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
2021Statement-based questions, Conceptual understanding

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

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
2021Conceptual understanding, Multi-statement analysis

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

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
2018Statement-based questions, Conceptual understanding

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...

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
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

Topic timeline

Judiciary & Judicial ReviewSeparation of Powers & Constitutional Ideals
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 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 2018· Statement-based questions, Conceptual understanding

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...

Open question
Prelims 2021· Statement-based questions, Conceptual understanding

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

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
Prelims 2021· Conceptual understanding, Multi-statement analysis

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

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
Prelims 2022· Statement-based questions, Factual recall

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 2023· Multi-statement analysis, Factual recall

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...

Open question
Prelims 2024· Definition-based questions, Institutional roles and functions

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question

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

Open question
Prelims 2024· Factual recall, Conceptual understanding

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question

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

‘Don’t waste our time’: CJI Kant declines to take cognisance of police violence during CJP’s Parliament march

22 Jul 2026 · 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.

Read article

Firecrackers: Festivity or fallout?

03 Nov 2026 · Judicial review empowers courts to scrutinize government actions for constitutionality, while suo motu powers enable them to initiate proceedings on their own, both crucial for upholding justice, the rule of law, and addressing public grievances.

Read article

Related topics

Current topic

Judicial Review and Suo Motu Cognizance

Often confused with

Civil Liberties and State Overreach

Open notesOften confused with

Constitutional Mandate of Social Justice and Labour Rights

Open notesOften confused with

Right to Protest and Freedom of Assembly

Open notes

Practice writing on this topic

UPSC has asked 10 linked questions on Judicial Review and Suo Motu Cognizance in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Judicial Review and Suo Motu Cognizance

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

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

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

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

2014·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

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

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

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

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

2024·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

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

2024·Indian Polity
Solve

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