UPSC Notes

Judicial Review of Executive Action

PYQs

Articles

Momentum

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.

Basic Structure Doctrine

Forms part of the basic structure of the Constitution, as affirmed in the Kesavananda Bharati case.

Reference table

Static syllabus anchors

Type	Reference
Conceptual area	Constitutional Law
Conceptual area	Judiciary & Judicial Review
Conceptual area	Separation of Powers & Constitutional Ideals

Reference table

Institutions & roles

Body	Role
Supreme Court	Exercises
Supreme Court of India	Exercises judicial review
High Courts	Exercises judicial review

Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Factual recall

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.

Elimination traps

Constitutional vs statutory — Judicial review is a constitutional power, though specific procedures for its exercise may be statutory.

Check if created by Constitution or by Parliament.

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

2023Factual recall, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question

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

2023Multi-statement analysis, Factual recall

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question

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

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

With reference to the casual workers employed in India, consider the following statements: 1. All casual workers are entitled for Employees Provident Fund co...

Social Issues & SchemesOpen 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

With reference to the casual workers employed in India, consider the following statements: 1. All casual workers are entitled for Employees Provident Fund co...

Social Issues & SchemesOpen question

2021Multi-statement analysis, Factual recall

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

With reference to the casual workers employed in India, consider the following statements: 1. All casual workers are entitled for Employees Provident Fund co...

Social Issues & SchemesOpen question

2020Multi-statement analysis, Conceptual understanding

Consider the following statements: 1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and dem...

Indian PolityOpen question

2019Multi-statement analysis, Conceptual understanding

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Indian PolityOpen question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

2019Conceptual understanding, Institutional roles and functions

Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyon...

Indian PolityOpen question

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question

2017Conceptual understanding, Definition-based questions

In India, Judicial Review implies -

Indian PolityOpen question

Topic timeline

Constitutional LawJudiciary & Judicial ReviewSeparation of Powers & Constitutional Ideals

Prelims 2017· Conceptual understanding, Definition-based questions

In India, Judicial Review implies -

Judicial Review of Executive Action

Overview

Key facts

Reference table

Reference table

Overview

Quick revision

Elimination traps

High-confidence PYQs

Topic timeline

Related topics

Practice writing on this topic

UPSC Prelims PYQs on Judicial Review of Executive Action

Editorial & Review Process