Judicial Review of Executive Actions
Indian Polity & Governance
- PYQs8
- Articles1
Background
It is fundamental to understanding the Indian constitutional framework, the principle of separation of powers, and the judiciary's role in governance, protecting fundamental rights, and ensuring executive accountability.
Judicial review is the power of the Supreme Court and High Courts to examine the constitutionality and legality of executive orders and actions. It ensures that the executive branch operates within the bounds of the Constitution and statutory law, upholding the rule of law and protecting citizens' rights.
Facts & tables
- Basic Structure
- An integral part of the basic structure of the Indian Constitution (Kesavananda Bharati case).
- Scope
- Empowers courts to strike down executive actions that are ultra vires, arbitrary, or violate fundamental rights.
- Constitutional Basis
- Derived from various articles including 13, 32, 226, 136, 142.
- Function
- Serves as a crucial check on the executive's power, ensuring accountability and adherence to the rule of law.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Supreme Court of India | Exercises judicial review |
| High Courts | Exercises judicial review |
Prelims angle
Prelims angle: Multi-statement analysis
Prelims angle: Conceptual understanding
- Power of SC/HC to examine executive orders.
- Ensures constitutionality and legality.
- Part of basic structure (Kesavananda Bharati).
- Checks executive overreach, protects rights.
- Derived from Articles 13, 32, 226.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2021 | Statement-based questions, Conceptual understanding |
| 2020 | Multi-statement analysis, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2017 | Conceptual understanding, Definition-based questions |
| 2014 | Factual recall, Institutional roles and functions |
Timeline
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Indian Polity & Governance
Conceptual area
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Prelims 2014
Factual recall, Institutional roles and functions
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Prelims 2017
Conceptual understanding, Definition-based questions
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Prelims 2018
Statement-based questions, Conceptual understanding
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Prelims 2020
Multi-statement analysis, Conceptual understanding
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Prelims 2021
Conceptual understanding, Multi-statement analysis
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Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2023
Factual recall, Conceptual understanding
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Prelims 2025
Statement-based questions, Conceptual understanding
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Language decorum: On the three-language formula in CBSE schools
Judicial review of executive actions allows higher courts to scrutinize government policies and orders for their legality and constitutionality, acting as a crucial check on executive power and safeguarding the rule of law and citizens' rights.
See also
No related topics linked yet.
Past papers
2014–2025 · 8 questions
In the news
Language decorum: On the three-language formula in CBSE schools
Judicial review of executive actions allows higher courts to scrutinize government policies and orders for their legality and constitutionality, acting as a crucial check on executive power and safeguarding the rule of law and citizens' rights.
Try these PYQs
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.
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.
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.
In India, Judicial Review implies -
The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial Review in India refers to the power of the Judiciary to examine laws and executive actions to ensure they comply with the Constitution of India. This power allows the courts to strike down any law or executive order that is found to be unconstitutional, thereby upholding the supremacy of the Constitution. Judicial Review is an essential feature of the Basic Structure Doctrine, ensuring the protection of fundamental rights and the separation of powers between the legislature, executive, and judiciary. Thus, Judicial Review acts as a safeguard against unconstitutional actions and reinforces the rule of law in India.
Show 3 more PYQs
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.
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.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.