Key Terms & Concepts — UPSC Mains
Judicial Review
GS2
"The power of courts to examine the constitutional validity of legislative and executive actions"
Definition
Judicial review is the power of the Supreme Court (and High Courts) to examine laws passed by Parliament and actions of the Executive to determine whether they conform to the Constitution. If found unconstitutional, they can be struck down. It is implied under Article 13, Article 32, and Article 226 of the Constitution.
⭐ Significance for UPSC
One of the most important concepts in GS2. Tests appear on basic structure doctrine, landmark SC judgments, judicial activism vs. judicial overreach, and the independence of judiciary.
Key Points
- 1 Derived from Articles 13, 32, 131-136, 143, 226 of the Constitution
- 2 Basic Structure Doctrine (Kesavananda Bharati, 1973) — Parliament cannot amend the Constitution to destroy its basic structure
- 3 India has a 'limited' form of judicial review unlike USA's broader form
- 4 Judicial Review extends to: Legislative actions, Executive/administrative actions, Constitutional amendments
- 5 Difference from judicial activism — review is a power; activism is when courts go beyond traditional interpretation
Example / Context
The Supreme Court striking down the Electoral Bonds Scheme in 2024 is an exercise of judicial review — the law was found to violate Articles 19(1)(a) and 14.
Related Terms
Mains GS Relevance
GS Paper 2
Polity, Governance, IR, Social Justice
Subject