UPSC IAS - 2021

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? ​

Year Asked: 2021

A
1 only ​
B
2 only​
C
Both 1 and 2 ​
D
Neither 1 nor 2​

Correct Answer

C. Both 1 and 2

Detailed Explanation

Both statements are correct, so the answer is C.

  • Statement 1 is correct. Article 128 lets the Chief Justice of India, with the prior consent of the President, request a retired Supreme Court judge to sit and act as a Supreme Court judge. The retired judge must also consent. The statement leaves out that consent, but it does not make the statement false.
  • Statement 2 is correct. High Courts can review their own judgments. Order XLVII of the CPC and Section 114 apply to them, and the Supreme Court has recognised a High Court's review power in writ matters under Article 226, though it is exercised within narrow limits. The Supreme Court's own review power comes from Article 137.

The core concept is the judiciary's structural powers: how a court of record manages its own judgments and how the apex court can draw on retired judges when its strength is short. For Mains, this links to judicial backlog and the debate on judicial appointments and vacancies.

Trap: Students tend to treat the Supreme Court's review power under Article 137 as exclusive to the apex court, and so reject Statement 2. Remember that the High Courts have a review power too, though it is narrower.

This question appeared in UPSC Prelims 2021 GS Paper-1.

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