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Supreme Court & Judicial Review
Indian Polity & Governance
Useful for: UPSC Civil Services
Overview
The Supreme Court is the guardian of the Constitution, with original, appellate, advisory and writ jurisdiction and the power of judicial review.
Key points
- Appointments follow the collegium system from the Second (1993) and Third (1998) Judges cases; the NJAC was struck down in 2015.
- Original jurisdiction (Article 131) covers disputes between the Centre and states.
- Advisory jurisdiction (Article 143) lets the President seek the Court’s opinion; the opinion is not binding.
- Article 141: law declared by the Supreme Court binds all courts; Article 142 allows orders for "complete justice".
- Judicial review flows from Articles 13, 32 and 226; the basic structure doctrine limits amendments.
- Review (Article 137) and curative petitions (Rupa Ashok Hurra, 2002) allow reconsideration of final judgments.
Practice MCQs
From the perspective of definition and scope, which one of the following statements about Supreme Court & Judicial Review is correct?
- Judicial review tests legislative and executive action against constitutional limits.
- The advisory opinion of the Supreme Court under Article 143 is always binding on the President and every court.
- Supreme Court & Judicial Review is unrelated to institutions, processes or real-world applications.
- Supreme Court & Judicial Review has no exceptions or limitations in exam analysis.
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Answer: (a) Judicial review tests legislative and executive action against constitutional limits.. Judicial review tests legislative and executive action against constitutional limits.
Consider the following statements on Supreme Court & Judicial Review, focusing on definition and scope: 1. The advisory opinion of the Supreme Court under Article 143 is always binding on the President and every court. 2. Judicial review tests legislative and executive action against constitutional limits. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
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Answer: (b) 2 only. Statement 2 is correct; Statement 1 is a common misconception.
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