UPSC Prelims 2021 · Question 88 of 97

UPSC Prelims 2021 question on Retired Judges Ad Hoc Appointment

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 only
  4. Neither 1 nor 2
Show answer

Answer: C. Both 1 and 2 only

Verdict

Correct statements: Both 1 and 2 → Option (c).

Statement by statement

Statement 1 – CORRECT: Article 128: Chief Justice of India may at any time, with the previous consent of the president, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court. Thus, statement 1 is correct.

Statement 2 – CORRECT: Article 215: Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. As a court of record, a High Court in India has the power to review its own judgement (Pottakalathil Ramakrishnan v. Thahsildar, Tirur & ors.). Thus, statement 2 is also correct.

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