UPSC Prelims 2021 Q88: Indian Polity – Judiciary
With reference to Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme
Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a) 1 only
Explanation
Retired judges and the power of review
| Statement | Verdict | Reason |
|---|---|---|
| 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India | Correct | Article 128: the Chief Justice of India, with the previous consent of the President, may request a retired judge to sit and act as a Supreme Court judge |
| 2. A High Court in India has the power to review its own judgement as the Supreme Court does | Incorrect (as per the accepted key) | The Constitution gives an express power of review only to the Supreme Court (Article 137); no such Article exists for High Courts |
Note on Statement 2: High Courts do review their judgments as courts of record (Article 215) and under the Civil Procedure Code.
The statement fails on the words 'as the Supreme Court does', since the source of the power is different.
Related Articles:
| Article | Provision |
|---|---|
| 127 | Ad hoc judges of the Supreme Court, from among High Court judges |
| 128 | Retired judges sitting in the Supreme Court; the judge must agree |
| 137 | Supreme Court's power to review its judgments |
| 224A | Retired judges sitting in a High Court |
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. Article 128 allows a retired Supreme Court judge to be called back.
- (b) Incorrect. Statement 1 is true, and Statement 2 is not accepted as correct.
- (c) Incorrect. The High Court has no express constitutional review power like Article 137.
- (d) Incorrect. Statement 1 is true; it follows Article 128 of the Constitution.
Key point
Article 128: retired judges in the Supreme Court (CJI, with President's previous consent). Article 137: Supreme Court's review power. Article 224A: retired judges in High Courts.
Remember
Article 128 = retired judge recalled; Article 137 = Supreme Court review.
Common mistakes
- Doubting Statement 1 because of the word 'any'; Article 128 covers any retired Supreme Court judge who agrees.
- Passing Statement 2 without weighing 'as the Supreme Court does'.
- Confusing Article 127 (ad hoc judges) with Article 128 (retired judges).
Exam tip
A comparison inside a statement is a second claim. Check whether both sides stand on the same footing.
Sources
- Constitution of India — Articles 127, 128, 137, 215 and 224A
- M. Laxmikanth — Indian Polity, Chs on Supreme Court and High Court