Judicial Review in India: Meaning, Constitutional Basis, Key Cases and Judicial Activism (UPSC Notes + PYQs)

Background: Marbury to Kesavananda

Judicial review means the power of courts to examine laws and executive actions and strike down those that violate the Constitution. The United States Supreme Court asserted it in Marbury v Madison (1803), even though the US Constitution does not mention it. India’s framers wrote the power into the text: Article 13 declares laws inconsistent with Fundamental Rights void, and Articles 32 and 226 give the means to enforce that. Ambedkar saw the courts as guardians of the Constitution in a federal system. Over time, the Supreme Court extended review to constitutional amendments and to the exercise of executive and even Presidential power.

Where the power comes from

The word “judicial review” is not in the Constitution. Article 13(2) says laws inconsistent with Fundamental Rights are void; Articles 32 and 226 give the courts the means to declare them so. The idea comes from the American case Marbury v. Madison (1803), but India’s version is narrower than the US “due process” model and wider than Britain, where Parliament is supreme.

Three kinds of review

• Of constitutional amendments: tested against the basic structure (Kesavananda Bharati, 1973; NJAC case, 2015).
• Of legislation: Parliament and State laws tested against Fundamental Rights and the division of powers.
• Of administrative action: tested for illegality, irrationality and procedural impropriety; proportionality for rights.

Ninth Schedule is not a safe harbour

Laws placed in the Ninth Schedule were once immune. In I.R. Coelho (2007) the Court held that laws added after 24 April 1973 can be reviewed if they damage the basic structure.

Judicial review, activism and overreach

Articles that support judicial review

Judicial review in Prelims

Common traps: the phrase “judicial review” does not appear in the Constitution; the power belongs to both the Supreme Court and High Courts; and the Ninth Schedule does not give complete immunity. Judicial review under the Indian model is narrower than in the United States because Article 21 uses “procedure established by law” rather than “due process”, although Maneka Gandhi (1978) narrowed the gap. Parliament cannot take away the power by amendment, since it is part of the basic structure.

Limits the courts set on themselves

Presumption of constitutionality, deference on economic policy (R.K. Garg, 1981), no review of the wisdom of a law, and the “political question” restraint on some matters.

Landmark cases

• Kesavananda Bharati (1973): amendments reviewable on the basic structure ground.
• Indira Gandhi v Raj Narain (1975): free and fair elections protected.
• Minerva Mills (1980): judicial review itself is a basic feature.
• S.R. Bommai (1994): Article 356 proclamations reviewable.
• L. Chandra Kumar (1997): High Courts’ review over tribunals cannot be excluded.
• I.R. Coelho (2007): Ninth Schedule laws after 24 April 1973 reviewable.
• Supreme Court Advocates-on-Record Assn. (2015): NJAC struck down.

Grounds of review

Courts test legislation for legislative competence (is the subject in the right list?), violation of Fundamental Rights and other constitutional limits. They test executive action on the grounds summarised in English law and adopted in India: illegality, irrationality (the Wednesbury test of unreasonableness) and procedural impropriety, with proportionality increasingly used where rights are restricted. Doctrines such as severability, reading down and the presumption of constitutionality let courts save as much of a law as possible.

Debate for Mains

• For: protects rights and federal balance, and keeps all organs within limits.
• Against: unelected judges can substitute their views for those of elected bodies; delays and inconsistency weaken legitimacy.
• Middle ground: restraint in policy matters, activism where rights are at stake, and clear reasons so that judgments persuade.

Judicial Review: UPSC angle

Judicial Review UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

Mains PYQs on this topic

Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.

1. UPSC Mains 2026 · GS Paper II · Q12 · 15 marks

   What is meant by judicial legislation? In this context, discuss the verdicts of the apex court allowing “passive euthanasia” and a “living will”.

   Model answer and approach

2. UPSC Mains 2024 · GS Paper II · Q14 · 15 marks

   Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary?

   Model answer and approach

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