UPSC Notes

Judicial Review of Executive Action

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

It's a cornerstone of India's constitutional democracy, ensuring checks and balances and accountability of the executive. Understanding its scope and limitations is crucial for governance and the protection of citizens' rights.

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. It is a fundamental feature of the Indian Constitution, ensuring that the executive and legislature operate within their constitutional limits and do not infringe upon fundamental rights.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Basis

Though not explicitly mentioned, it's derived from Articles 13, 32, 226, 136, 142, 246, etc., establishing the judiciary as the interpreter and guardian of the Constitution.

Scope

Applies to both legislative and executive actions, ensuring adherence to constitutional provisions and the rule of law.

Purpose

To uphold the supremacy of the Constitution, protect fundamental rights, maintain the federal balance, and ensure accountability of state organs.

Grounds for Review

Unconstitutionality, illegality, irrationality, procedural impropriety, mala fide intent, and 'non-application of mind' by the executive.

Reference table

Static syllabus anchors

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

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaExercises judicial review
High CourtsExercises judicial review
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • Judiciary's power to examine executive/legislative actions.
  • Ensures constitutionality and legality.
  • Derived from various Articles (e.g., 13, 32, 226).
  • Upholds constitutional supremacy and fundamental rights.
  • Essential for checks and balances.

High-confidence PYQs

2017Conceptual understanding, Definition-based questions

Topic timeline

Judiciary & Judicial ReviewSeparation of Powers & Constitutional Ideals
Prelims 2017· Conceptual understanding, Definition-based questions

‘Conduct worthy of derision’: Allahabad HC pulls up District Magistrate over NSA detention of law student

08 Sep 2026 · Judicial review is the judiciary's power to scrutinize executive and legislative actions for constitutionality, legality, and proper procedure, safeguarding rights and constitutional supremacy.

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Related topics

Practice writing on this topic

UPSC has asked 8 linked questions on Judicial Review of Executive Action in Mains. Write an answer to one — and get it evaluated.

UPSC Prelims PYQs on Judicial Review of Executive Action

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

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