UPSC Previous Year Question | Prelims GS | 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?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Correct Answer

1 only

Explanation

Article 128 allows the Chief Justice of India, with the President's previous consent, to request a retired Supreme Court judge to sit and act as a Supreme Court judge (statement 1). The Supreme Court's review power is an express constitutional power under Article 137, and UPSC's official key treats statement 2, equating the High Court's power of review with it, as incorrect.

Topics: judiciary, polity & governance, retired judges as ad hoc judges and power of review, supreme court & high courts