UPSC Prelims 2021 GS Paper I · Q88 / 97 Polity & Governance medium

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 ✓ UPSC's answer
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Why the answer is (a)

• Statement 1 is correct: under Article 128, the Chief Justice of India may, with the prior consent of the President, request any retired Supreme Court judge (or a retired High Court judge qualified for appointment) to sit and act as a Supreme Court judge.

• Statement 2 is treated as incorrect in the official key: the Constitution expressly gives the Supreme Court power to review its own judgments (Article 137) but has no matching provision for High Courts. A High Court's review power comes only from statute (Order 47 CPC) and its inherent jurisdiction, and it cannot review criminal judgments except for clerical errors (Section 362 CrPC) — so it is not the same power 'as the Supreme Court does'.

• Hence 1 only, option (a) — the official UPSC answer.

Why the other options are wrong

(b) 2 only
Statement 1 is correct under Article 128; statement 2 is treated as incorrect.
(c) Both 1 and 2
Statement 2 is treated as incorrect: High Courts have no constitutional review power like Article 137.
(d) Neither 1 nor 2
Statement 1 is correct: Article 128 allows retired judges to be called back.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

Reading the answer is not the same as getting it right under a clock. Practise this question with UPSC's negative marking, and anything you miss goes into an error notebook until you get it right twice.

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