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UPSC Notes

Judicial Review of Executive Actions

PYQs

9

Articles

2

Momentum

25

Phase IFoundation

Background

Overview

Understanding judicial review is crucial for comprehending the checks and balances within India's democratic framework, the protection of citizens' rights, and the limits on executive power.

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.

Phase IIStatic core

Facts & tables

Key facts

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.

Origin

Derived from the Constitution itself (Articles 13, 32, 226).

Purpose

To uphold the supremacy of the Constitution, protect fundamental rights, and ensure separation of powers.

Basic Structure Doctrine

Judicial review is part of the basic structure and cannot be abrogated.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaConstitutional Law
Conceptual areaGovernance

Reference table

Institutions & roles

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

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • 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.

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
2021Conceptual understanding, Multi-statement analysis

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 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
2021Statement-based questions, Conceptual understanding

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 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
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
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
2017Conceptual understanding, Definition-based questions

In India, Judicial Review implies -

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

Topic timeline

Indian Polity & GovernanceConstitutional LawGovernance
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
Prelims 2017· Conceptual understanding, Definition-based questions

In India, Judicial Review implies -

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 2019· Multi-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...

Open question
Prelims 2020· Multi-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...

Open question
Prelims 2021· Conceptual understanding, Multi-statement analysis

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

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
Prelims 2021· Statement-based questions, Conceptual understanding

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

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
Prelims 2023· Factual 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 ...

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

Language decorum: On the three-language formula in CBSE schools

01 Jun 2026 · 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.

Read article

U.S. Judge blocks Trump limits on duration of visas for foreign students, journalists

15 Sep 2026 · The judiciary's power to scrutinize executive actions for legality and constitutionality, ensuring adherence to the rule of law and protecting individual liberties.

Read article

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Current topic

Judicial Review of Executive Actions

Often confused with

Judicial Independence and Constitutional Morality

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Civil Liberties and State Overreach

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Judicial Oversight of Executive Action

Open notes

Practice writing on this topic

UPSC has asked 9 linked questions on Judicial Review of Executive Actions in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Judicial Review of Executive Actions

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

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

2020·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

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

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

In India, Judicial Review implies -

2017·Indian Polity
Solve

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

2019·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

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

2014·Indian Polity
Solve

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

2023·Indian Polity
Solve

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