Judicial Review of Electoral Processes
Indian Polity & Governance
- PYQs8
- Articles1
Background
Highlights the checks and balances in the Indian democratic system, the judiciary's role in upholding constitutionalism, and the protection of fundamental rights (like the right to vote) against administrative overreach. Essential for understanding the separation of powers.
Judicial review is a fundamental feature of the Indian Constitution, allowing the Supreme Court and High Courts to examine the constitutionality of legislative enactments and executive actions. In the context of electoral processes, this power ensures that the actions of bodies like the Election Commission of India adhere to constitutional principles and statutory provisions, safeguarding the integrity of elections and fundamental rights.
Facts & tables
- Scope
- Review of actions by the Election Commission of India and interpretation of electoral laws.
- Focus Areas
- Constitutionality, proportionality, and prevention of arbitrary exclusion in electoral processes.
- Legal Interpretation
- Interprets provisions of the Representation of the People Act (e.g., Section 21(3)).
- Precedents
- Can set judicial precedents regarding voter rights and deletions (e.g., Lal Babu Hussein case).
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Conceptual area | Judiciary & Judicial Review |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Body | Role |
|---|---|
| Supreme Court of India | Exercises judicial review |
| Election Commission of India | Subject to judicial review |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Institutional roles and functions
- Judicial review: SC's power to check ECI actions.
- Focus: constitutionality, proportionality, arbitrary exclusion.
- Interpretation of RoPA, e.g., Section 21(3).
- Precedents like Lal Babu Hussein case.
- Ensures electoral integrity and voter rights.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2023 | Multi-statement analysis, Factual recall |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2021 | Statement-based questions, Conceptual understanding |
| 2019 | Multi-statement analysis, Conceptual understanding |
| 2019 | Conceptual understanding, Institutional roles and functions |
| 2014 | Factual recall, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
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Indian Polity & Governance
Conceptual area
-
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 2019
Multi-statement analysis, Conceptual understanding
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Prelims 2019
Conceptual understanding, Institutional roles and functions
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2023
Multi-statement analysis, Factual recall
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Validating flaws: on the Supreme Court and the SIR
The Supreme Court exercises judicial review over ECI's electoral processes, interpreting laws like the RoPA to ensure constitutionality, proportionality, and protection against arbitrary voter disenfranchisement, thereby upholding electoral integrity.
See also
No related topics linked yet.
Past papers
2014–2024 · 8 questions
In the news
Validating flaws: on the Supreme Court and the SIR
The Supreme Court exercises judicial review over ECI's electoral processes, interpreting laws like the RoPA to ensure constitutionality, proportionality, and protection against arbitrary voter disenfranchisement, thereby upholding electoral integrity.
Try these PYQs
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.
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.
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.
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.
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.
Show 3 more PYQs
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 the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
* Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force. * Statement 2 is incorrect: The Supreme Court in 1974 held that the dissolution of the state legislative assembly would not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be grounds to suggest that the election to the office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved. * Statement 3 is incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.
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. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct ?
Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections. Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.