Judicial Scrutiny of Executive Actions Affecting Fundamental Rights
Indian Polity & Governance
- PYQs8
- Articles1
Background
Essential for understanding the separation of powers, the independence of the judiciary, and its role in safeguarding the constitutional rights and welfare of individuals against potential administrative overreach.
The Supreme Court's intervention in cases where executive orders infringe upon fundamental rights, such as the right to food and dignity, exemplifies its crucial role in judicial review and upholding the constitutional scheme of checks and balances.
Facts & tables
- SC Intervention
- SC issued notices to the state government and ECI, challenging orders linking electoral rolls to welfare.
- Precedent
- The Court reiterated its previous judgment (Bihar SIR case) barring such use of electoral outcomes.
- Protection of Rights
- SC emphasized the protection of universal human rights, even for non-citizens, against arbitrary state action.
- Constitutional Role
- The judiciary acts as a guardian of the Constitution and fundamental rights.
| Type | Reference |
|---|---|
| Conceptual area | Fundamental Rights |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Conceptual area | Constitutional & Statutory Bodies |
| Body | Role |
|---|---|
| Supreme Court of India | Exercises judicial review, protects fundamental rights, issues directives |
Prelims angle
Prelims angle: Multi-statement analysis
Prelims angle: Factual recall
- SC acts as guardian of Constitution and fundamental rights.
- Judicial review checks executive/legislative overreach.
- SC reiterated previous judgments to protect rights.
- Emphasizes universal human rights for all persons.
- Ensures state actions align with constitutional principles.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2023 | Multi-statement analysis, Factual recall |
| 2022 | Statement-based questions, Factual recall |
| 2021 | Conceptual understanding, Multi-statement analysis |
| 2021 | Statement-based questions, Conceptual understanding |
| 2019 | Multi-statement analysis, Conceptual understanding |
| 2014 | Factual recall, Institutional roles and functions |
| 2014 | Factual recall, Conceptual understanding |
Timeline
-
Fundamental Rights
Conceptual area
-
Separation of Powers & Constitutional Ideals
Conceptual area
-
Constitutional & Statutory Bodies
Conceptual area
-
Prelims 2014
Factual recall, Institutional roles and functions
-
Prelims 2014
Factual recall, Conceptual understanding
-
Prelims 2019
Multi-statement analysis, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Multi-statement analysis
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2022
Statement-based questions, Factual recall
-
Prelims 2023
Multi-statement analysis, Factual recall
-
Prelims 2025
Statement-based questions, Conceptual understanding
-
Lists of folly: On the Supreme Court, the SIR and benefits
The Supreme Court's consistent stance against executive orders that misuse electoral roll data to deny welfare benefits underscores its vital function in judicial review, ensuring state actions comply with constitutional principles and protect fundamental human rights.
See also
Past papers
2014–2025 · 8 questions
In the news
Lists of folly: On the Supreme Court, the SIR and benefits
The Supreme Court's consistent stance against executive orders that misuse electoral roll data to deny welfare benefits underscores its vital function in judicial review, ensuring state actions comply with constitutional principles and protect fundamental human rights.
Try these PYQs
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 the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
* Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force. * Statement 2 is incorrect: The Supreme Court in 1974 held that the dissolution of the state legislative assembly would not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be grounds to suggest that the election to the office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved. * Statement 3 is incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.
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.
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.
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.
Consider the following statements :
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct ?
Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections. Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.
Show 3 more PYQs
Consider the following statements :
1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defines Civil Contempt and Criminal Contempt.
4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.
Which of the statements given above is/are correct?
Statement 1 is correct: The Contempt of Courts Act, 1971 was enacted based on the recommendations of the H.N. Sanyal Committee, which examined the law relating to contempt of courts. Statement 2 is correct: Articles 129 and 215 of the Constitution empower the Supreme Court and High Courts, respectively, to punish for contempt of themselves. Statement 3 is incorrect: The Constitution does not define civil contempt and criminal contempt; these are defined under the Contempt of Courts Act, 1971. Statement 4 is correct: Parliament has the power to make laws on contempt of court, as evidenced by the enactment of the Contempt of Courts Act, 1971.
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its
Article 131 of the Constitution of India provides for the original jurisdiction of the Supreme Court to settle the disputes between the different units of the Indian Federation such as between the Centre and one or more states and, between the states.
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.