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UPSC Prelims 2021 Q88: Indian Polity – Judiciary

UPSC Prelims 2021, General Studies Paper I · Indian Polity

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?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (a) 1 only

Explanation

Retired judges and the power of review

StatementVerdictReason
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 IndiaCorrectArticle 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 doesIncorrect (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:

ArticleProvision
127Ad hoc judges of the Supreme Court, from among High Court judges
128Retired judges sitting in the Supreme Court; the judge must agree
137Supreme Court's power to review its judgments
224ARetired judges sitting in a High Court

Answer: (a) 1 only.

Why each option is right or wrong

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

Exam tip

A comparison inside a statement is a second claim. Check whether both sides stand on the same footing.

Sources

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