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 ✓ UPSC's answer
- (d) Neither 1 nor 2
Why the answer is (c)
• Statement 1 is correct: under Article 128 the Chief Justice of India may, with the President's prior consent, request any retired Supreme Court judge (or a retired High Court judge qualified for the Supreme Court) to sit and act as a Supreme Court judge.
• Statement 2 is correct: High Courts, as courts of record under Article 215, have inherent power to review their own judgments, and Order 47 CPC and Section 362 CrPC (with limits) provide for review; the Supreme Court's review power is under Article 137.
• Article 224A similarly lets retired High Court judges sit in High Courts.
• Hence both 1 and 2, option (c).
Why the other options are wrong
- (a) 1 only
- Statement 2 is also correct: High Courts can review their own judgments.
- (b) 2 only
- Statement 1 is also correct: Article 128 allows recall of retired judges.
- (d) Neither 1 nor 2
- Both statements are correct.
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.