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Q88·GS Paper 1 · Prelims 2021

Powers of Supreme and High Court Judgments Review

PolityJudiciary & Legal FrameworkStatement-basedMediumStatic

Question

With reference to Indian judiciary, consider the following statements:

  1. 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. 2.

    A High Court in India has the power to review its own judgement as the Supreme Court does.

Options

a

1 only

b

2 only

c

Both 1 and 2

Answer
d

Neither 1 nor 2

Explanation

Both statements are correct. Statement 1 is grounded in Article 128, which allows the Chief Justice of India, with the President's prior consent, to request a retired Supreme Court or Federal Court judge to sit and act as a judge of the Supreme Court. Statement 2 is correct because as a Court of Record under Article 215, a High Court inherently possesses the power to review its own judgments to correct patent errors, mirroring the Supreme Court's review powers under Article 137. > High Courts can review their own judgments as courts of record, and retired apex judges can be recalled under Article 128. Answer: (c).

Question details

Year

2021

Paper

GS Paper 1

Question

Q88

Subject

Polity

Sub-topic

Judiciary & Legal Framework

Type

Statement-based

Difficulty

Medium

Nature

Static

Source hint

M. Laxmikanth Indian Polity / Articles 128 & 215

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