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UPSC Prelims 2021 Paper-1 📅 10 Oct, 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?

A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Result Summary
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APEDIA

UPSC Prelims
2021 • 10 Oct, 2021 • Paper-1
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?
Correct Answer
Both 1 and 2
Ad-hoc Appointments Procedure: According to Article 128 of the Constitution, the Chief Justice of India holds the specific prerogative to request a retired Supr......
Ref/Book : UPSC Prelims 2021
Ref. Subject Polity
Chapter -
Ref. Topic Judiciary
Pg. No -
💡 Analysis & Explanation
Ad-hoc Appointments Procedure ▼
According to Article 128 of the Constitution, the Chief Justice of India holds the specific prerogative to request a retired Supreme Court judge (or a retired High Court judge duly qualified) to act as a judge of the Supreme Court. Crucially, this action mandates the prior consent of the President. Thus, statement 1 is an exact reflection of the constitutional text.
Inherent Review Powers ▼
While Article 137 explicitly grants the Supreme Court the power to review its own judgments, High Courts are also recognized as 'Courts of Record' under Article 215. Jurisprudence (such as the Shivdeo Singh case) has firmly established that High Courts possess inherent powers under Article 226 to review their own orders to prevent a miscarriage of justice or correct grave procedural errors. Thus, statement 2 is practically and legally correct.
Conclusion ▼
Both legal mechanisms are valid features of the Indian judicial system.
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