UPSC Notes

Judicial Review of Reservation Policies

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Judicial review is a core concept in Indian Polity, demonstrating the judiciary's role as the guardian of the Constitution. Its application to sensitive areas like reservation policies highlights the checks and balances in governance and the judiciary's impact on social justice and fundamental rights.

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 orders. In the context of reservation policies, judicial review ensures adherence to constitutional principles of equality, social justice, and non-discrimination, often leading to landmark judgments that shape the implementation of affirmative action.

Phase IIStatic core

Facts & tables

Key facts

Constitutional Basis

Derived from Articles 13, 32, 226, and the inherent power of the judiciary to uphold the Constitution.

Purpose

Ensures reservation policies align with constitutional principles of equality (Articles 14, 15, 16) and social justice.

Impact

Can strike down or modify policies deemed unconstitutional, arbitrary, or discriminatory, as seen in judgments like Indra Sawhney and Rohith Nathan.

Scope

Extends to both legislative enactments and executive orders related to reservations.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaConstitutional Law

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaExercises judicial review
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • SC reviews constitutionality of reservation policies.
  • Ensures adherence to Articles 14, 15, 16.
  • Indra Sawhney and Rohith Nathan are key judgments.
  • Upholds constitutional principles and social justice.
  • Prevents arbitrary policy implementation.

High-confidence PYQs

Topic timeline

Indian Polity & GovernanceConstitutional Law

Bihar reiterates parents’ salaries, agricultural income cannot be counted for OBC creamy layer

05 Sep 2026 · The Supreme Court actively exercises judicial review over reservation policies, as exemplified by the Rohith Nathan judgment concerning the OBC creamy layer. This ensures that such policies adhere to constitutional principles of equality and social justice, preventing arbitrary or discriminatory implementation by the executive or legislature.

Read article

Related topics

Practice writing on this topic

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

UPSC Prelims PYQs on Judicial Review of Reservation Policies

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

Editorial & Review Process

Every revision note and practice question on UPSC Practice is researched using authoritative primary sources and reviewed for factual accuracy, syllabus relevance, and exam value. Read our Editorial Policy.

Verified Quality