Introduction
Judicial Review is a crucial topic for UPSC aspirants, particularly for UPSC Prelims, Mains (GS-II), and Political Science Optional. Understanding its constitutional provisions, landmark judgments, and implications is essential for tackling questions effectively. In this detailed guide, we will explore Judicial Review in India, its significance, related case laws, and UPSC answer-writing tips to help you ace this topic.
What is Judicial Review?
Judicial Review refers to the power of the Supreme Court and High Courts to examine the constitutionality of laws, executive orders, and policies. If a law or action violates the Constitution of India, courts have the authority to declare it null and void.
Constitutional Provisions of Judicial Review in India
The power of Judicial Review is derived from multiple articles of the Constitution:
- Article 13: Declares that any law inconsistent with fundamental rights shall be void.
- Article 32 & 226: Empower the Supreme Court and High Courts to enforce Fundamental Rights through writs.
- Article 136: Grants special leave petition power to the Supreme Court.
- Article 141 & 142: Mandate that Supreme Court judgments are binding on all courts.
Types of Judicial Review
- Judicial Review of Legislative Actions – Ensures laws passed by Parliament comply with the Constitution.
- Judicial Review of Executive Actions – Examines the legality of government policies and decisions.
- Judicial Review of Judicial Decisions – Higher courts review decisions of lower courts.
Judicial Review vs. Judicial Activism vs. Judicial Overreach
| Feature | Judicial Review | Judicial Activism | Judicial Overreach |
| Definition | Power to review laws/actions | Judiciary plays an active role in policymaking | Judiciary exceeds its constitutional limits |
| Example | Striking down unconstitutional laws | Expanding Fundamental Rights through interpretation | Rewriting government policies |
| Impact | Maintains constitutional supremacy | Ensures progressive legal development | Disrupts separation of powers |
Landmark Supreme Court Cases on Judicial Review
- Marbury v. Madison (1803, USA) – Established the concept of Judicial Review.
- KesavanandaBharati Case (1973) – Introduced the Basic Structure Doctrine.
- Golaknath Case (1967) – Held that Fundamental Rights cannot be amended.
- Minerva Mills Case (1980) – Strengthened the balance between Fundamental Rights and Directive Principles.
- Coelho Case (2007) – Reaffirmed that laws violating the Basic Structure of the Constitution are invalid.
Importance of Judicial Review in India
✔️ Protects Fundamental Rights of citizens.
✔️ Maintains the supremacy of the Constitution.
✔️ Prevents arbitrary use of power by the legislature and executive.
✔️ Ensures separation of powers between different branches of government.
Judicial Review and UPSC Mains Answer Writing Strategy
- Introduction: Define Judicial Review and its constitutional basis.
- Body: Explain its types, landmark cases, and importance with examples.
- Conclusion: Emphasize its role in upholding democracy and constitutionalism.
- Use Flowcharts & Diagrams to enhance clarity and structure.
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FAQs on Judicial Review for UPSC
🔹Q: What is Judicial Review in India? Judicial Review is the process by which the Supreme Court and High Courts review laws, executive actions, and policies to ensure they comply with the Indian Constitution.
🔹Q: Is Judicial Review explicitly mentioned in the Indian Constitution? No, but it is derived from Articles 13, 32, 136, and 226.
🔹Q: Why is Judicial Review important for UPSC? It is a highly relevant topic in GS Paper-II (Polity), Political Science Optional, and Interview as it tests understanding of constitutional governance.
🔹Q: Where can I get UPSC Answer Writing Practice for this topic? Join Analytics IAS Academy for structured UPSC Mains answer writing practice and mentorship with Pankaj Shukla Sirand Team.
Conclusion
Judicial Review is a pillar of constitutional democracy that ensures the protection of fundamental rights and maintains the balance of power. Understanding its concept, provisions, and landmark cases is crucial for scoring high in UPSC Prelims and Mains. Stay updated with regular UPSC guidance and expert coaching at Analytics IAS Academy!
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