UPSC CSE Prelims
Question 45
With reference to Indian judiciary, consider the following statements:
- 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.
- 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?
View correct answer and explanation
Correct answer: A
Correct Option: A (1 only)
Explanation: Article 128 permits the CJI, with presidential consent, to request a retired Supreme Court judge to sit again. A High Court can review some decisions, but its review jurisdiction is not identical in constitutional source and scope to Article 137.
Statement / Pair / Item-wise Analysis:
1. Correct / qualifies - A retired Supreme Court judge may be requested under Article 128 with prior Presidential consent and the judge’s consent.
2. Incorrect / does not qualify - Unlike the Supreme Court’s express Article 137 review power, High Court review is limited by procedure and inherent jurisdiction; “as the Supreme Court does” is too broad.
Option-wise Analysis:
A. Correct-selects exactly the supported statements/items: 1.
B. Incorrect-includes item 2, which is not valid (Unlike the Supreme Court’s express Article 137 review power, High Court review is limited by procedure and inherent jurisdiction; “as the Supreme Court does” is too broad); omits valid item 1 (A retired Supreme Court judge may be requested under Article 128 with prior Presidential consent and the judge’s consent).
C. Incorrect-includes item 2, which is not valid (Unlike the Supreme Court’s express Article 137 review power, High Court review is limited by procedure and inherent jurisdiction; “as the Supreme Court does” is too broad).
D. Incorrect-omits valid item 1 (A retired Supreme Court judge may be requested under Article 128 with prior Presidential consent and the judge’s consent).
Review note: Disputed interpretations exist because High Courts do have limited review powers; other answer sources mark both statements correct. The supplied answer A follows the narrower “as the Supreme Court does” interpretation.