Question map
2. In India, Judicial Review implies
Explanation
Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.[1] On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court.[1] The Supreme Court and High Courts can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution.[2]
Option B is incorrect because judicial review is limited to examining constitutional validity, not questioning the wisdom or policy aspects of laws. Option C is incorrect because judicial review is exercised only when laws are challenged after enactment, not before Presidential assent. Option D refers to the power of review of judgments, which is a separate constitutional power distinct from judicial review[3], where courts can review their own earlier decisions.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Power of Judicial Review > p. 293
- [2] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
PROVENANCE & STUDY PATTERN
Full viewThis is a 'Definition' question, a recurring archetype in Polity (like 'Liberty', 'State', 'Law'). It tests conceptual precision, not rote memory. If you confuse 'Review of Judgments' (Art 137) with 'Judicial Review' (Art 13), you lose easy marks. This is a non-negotiable sitter.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: In India, does the doctrine of judicial review give the judiciary the power to pronounce upon the constitutionality of laws and executive orders?
- Statement 2: In India, does judicial review include the power of the judiciary to question the wisdom or policy merits of laws enacted by the legislatures?
- Statement 3: In India, does judicial review give the judiciary the power to review all legislative enactments before they receive the President's assent?
- Statement 4: In India, does judicial review include the power of the judiciary to review its own earlier judgments in similar or different cases?
- Explicit definition: describes judicial review as the Supreme Court's power to examine constitutionality of legislative enactments and executive orders.
- States the remedy: if found violative (ultra vires), such laws/orders can be declared illegal, unconstitutional and invalid.
- Plain statement that Supreme Court and High Courts can declare invalid any legislative or executive action if against the Constitution.
- Identifies this power as 'judicial review', linking the concept to judicial pronouncement on constitutionality.
- Sets out the scope: constitutional validity of legislative enactments or executive orders can be challenged in SC/HC.
- Lists grounds (fundamental rights, competence, repugnancy) on which judiciary assesses constitutionality.
- Defines judicial review as the authority to examine constitutionality of legislative enactments and executive orders.
- States the judiciary can declare laws invalid if they violate the Constitution — focus on constitutionality/legal validity rather than merits or wisdom.
- Describes the judiciary's power of judicial review as determining the legality and validity of laws and executive actions.
- Identifies determining unconstitutionality of legislative acts as the fundamental object of judicial review — emphasis on constitutionality rather than policy wisdom.
- Explains judicial review's role in checking that legislature and executive do not exceed constitutional authority.
- Notes Article 13 empowers the judiciary to invalidate laws — again focusing on constitutional limits rather than policy judgments.
Gives an explicit list of the three legal grounds for challenging legislation (infringes Fundamental Rights; outside competence; repugnant to constitutional provisions), implying scope is doctrinal and constitutional rather than about policy merits.
A student could use this rule plus the fact that 'wisdom/policy merits' are political questions to infer that courts focus on constitutional limits, not policy judgment.
Defines judicial review as examination of constitutionality (ultra vires) and declares invalid acts that violate the Constitution — framing review as legality/constitutionality assessment.
Combine this with the understanding that 'wisdom' is not a constitutional test to suspect courts do not strike down laws solely for being unwise.
Emphasises that the judiciary's role is to ensure statutes conform with constitutional requirements and to decide constitutionality.
A student can contrast 'conformity with constitution' with 'policy wisdom' to argue the court's remit is legal, not policy evaluation.
Points out a comparative difference with the US: legislatures in India are expressly given powers to make collective-interest restrictions while the judiciary retains review only to determine reasonableness of restrictions.
Using basic knowledge that the US judiciary sometimes reviews broader policy implications, a student could infer India’s review is narrower and less about overturning legislative policy choices.
Contains an exam-style option listing 'the power of the Judiciary to question the wisdom of the laws' as a distinct proposition — implying this is a common (but contestable) framing of judicial power.
A student might treat this as a hint to consult authoritative definitions (like those above) and thereby test whether that option is correct or a distractor.
Defines judicial review as the power to examine the constitutionality of legislative enactments and executive orders, implying scrutiny of laws (i.e., enacted instruments).
A student could infer this examination is performed after enactment and compare with the assent process to judge whether review normally occurs pre-assent or post-enactment.
States the Supreme Court can declare legislative enactments invalid if found violative of the Constitution, which suggests a remedial/invalidating role rather than a prior vetting role.
Combine with knowledge of the legislative-assent timeline to assess whether the Court's power is typically exercised before assent or after a law exists.
Specifies the scope/grounds on which constitutional validity of an enactment can be challenged (fundamental rights, competence, repugnancy), indicating judicial review functions by entertaining challenges rather than automatically pre-clearing every bill.
A student could reason that because review depends on challenges on specific grounds, it is reactive and contingent, not a blanket pre-assent screening power.
Notes the term 'judicial review' is not in the Constitution but the Supreme Court can strike down laws that contravene fundamental rights, implying review is exercised to invalidate laws post-enactment.
Using basic knowledge that presidential assent follows passage, a student could contrast the Court's strike-down function with any hypothetical pre-assent veto/review role.
Presents multiple-choice formulations of judicial review, including an option that judicial review is the power to review all enactments before Presidential assent — indicating this is a contested/possibly incorrect characterization in standard summaries.
A student could use this as a clue to treat the 'pre-assent review' description skeptically and seek corroboration from procedural/timelines of law-making.
- Explicitly states a High Court 'has power to review and correct its own judgment or order or decision' as a court of record.
- Contrasts High Court position with the Supreme Court, noting the Supreme Court is 'specifically conferred with the power of review by the constitution' — indicating judicial review encompasses intra-court review powers.
- [THE VERDICT]: Sitter. Direct lift from Laxmikanth Chapter 27 (Judicial Review) or NCERT Class XI (Constitution at Work).
- [THE CONCEPTUAL TRIGGER]: The 'Basic Structure' and 'Separation of Powers' themes where the Judiciary checks the Legislature.
- [THE HORIZONTAL EXPANSION]: Memorize the 3 grounds for Judicial Review: (1) Infringement of Fundamental Rights, (2) Outside Legislative Competence, (3) Repugnancy to Constitutional Provisions. Contrast with Art 137 (Review of own orders) and Art 143 (Advisory Jurisdiction).
- [THE STRATEGIC METACOGNITION]: When reading Polity terms, define what they are NOT. Judicial Review is NOT a review of 'policy wisdom' (Legislative domain) and NOT a 'pre-assent' veto (Presidential domain).
Several references explicitly define judicial review as the judiciary's power to test laws and executive orders for constitutionality.
High-yield for UPSC: fundamental to questions on separation of powers, judicial role, and constitutional checks. Understanding the definition helps answer questions on scope, remedies, and institutional roles; connects to judiciary, legislature, and executive topics. Revise authoritative definitions and typical judicial remedies (strike down/nullify).
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Power of Judicial Review > p. 293
- Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
One reference lists the concrete grounds—violation of Fundamental Rights, exceeding competence, and repugnancy to the Constitution—used to assess constitutionality.
Essential for case-based UPSC questions: knowing the legal bases for challenge lets aspirants evaluate why a law/order may be struck down. Links to federalism, fundamental rights, and legislative competence. Practice applying these three grounds to hypothetical facts.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
References show both Supreme Court and High Courts exercise judicial review over central and state legislative/executive actions, and that the power may be invoked in federal disputes.
Useful for questions on jurisdiction and federal balance: explains which courts can pronounce constitutionality and in what contexts (union vs state). Helps answer interlinked questions on appellate remedies, original jurisdiction, and centre-state legislative competence.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > fll Power of Judicial Review > p. 360
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > p. 297
References repeatedly define judicial review as examination of constitutionality (conformity with the Constitution/Fundamental Rights), not as an open inquiry into legislative wisdom or policy merits.
High-yield for UPSC: distinguishes judicial review (constitutional validity) from policy review (legislative domain). Useful in questions on separation of powers, limits of judicial intervention, and constitutional checks. Master by memorising definitions and examples of limits of judicial review rather than conflating it with policy evaluation.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > p. 297
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
The accepted grounds (infringement of Fundamental Rights; lack of competence; repugnancy to the Constitution) frame what courts can examine — showing judicial review is legally delimited.
Directly examinable topic: questions often ask grounds/limits of judicial review or compare Indian scope with US practice. Learn the three grounds and contrast with broader US review to answer application and comparison questions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
Authoritative commentary notes legislatures are entrusted with collective policy-making while courts retain power to assess reasonableness of restrictions, not to substitute policy judgments for the legislature.
Crucial nuance for UPSC essays/answers: explains when courts may invalidate laws (unreasonable restrictions) without encroaching on policy. Helps in case-based questions and in debates on judicial activism vs restraint.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 93
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
References define judicial review as the courts' power to examine constitutionality of legislative enactments and executive orders.
High-yield for UPSC constitutional law questions: explains what judicial review is, which courts exercise it, and its practical effect (striking down laws). Connects to topics on separation of powers and judicial powers; useful for questions asking what courts can do and limits of their authority. Learn by mapping definitions to landmark powers and typical outcomes (invalidating ultra vires acts).
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > fll Power of Judicial Review > p. 360
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III Power of Judicial Review > p. 293
The 'Shadow' concept is the 'Ninth Schedule' and the I.R. Coelho case (2007). Since Judicial Review is a Basic Feature, even laws in the 9th Schedule are open to review if they violate Articles 14, 19, or 21 (the Golden Triangle) post-April 24, 1973.
Apply the 'Logistics Filter'. Option C says 'review ALL enactments BEFORE assent'. Logistically impossible for the Court to vet every single bill before the President signs it. Option B uses the word 'wisdom'—courts deal in 'law', politicians deal in 'wisdom'. Eliminate both.
Mains GS-2 (Separation of Powers): Option B ('questioning wisdom') is the exact definition of 'Judicial Overreach'. Use this distinction in answers to argue where the Judiciary crosses the line from Review (Legality) to Activism/Overreach (Policy).