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Q68 (IAS/2021) Polity & Governance › Judiciary › Supreme Court structure and powers Official Key

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?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is Option 1.

Statement 1 is correct: Under Article 128 of the Indian Constitution, the Chief Justice of India (CJI) can request a retired judge of the Supreme Court or a retired judge of a High Court (who is duly qualified) to sit and act as a judge of the Supreme Court for a temporary period. This requires the prior consent of the President and the person to be appointed.

Statement 2 is incorrect in the strict constitutional sense. While the Supreme Court is explicitly granted the power to review its judgments under Article 137, there is no corresponding specific article for High Courts. Although High Courts, as Courts of Record under Article 215, exercise inherent powers to review their judgments to prevent a miscarriage of justice, they do not possess the specific constitutional "power of review" in the same manner as the Supreme Court.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to Indian judiciary, consider the following statements : 1. Any retired judge of the Supreme Court of India can be called …
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a classic 'Reward for Revision' question. It punishes those who skip the comparative nuances between the Supreme Court and High Courts. The source is pure Laxmikanth; no current affairs or obscure law journals were needed. If you know the 'Court of Record' implications, this is free marks.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Can any retired judge of the Supreme Court of India be recalled to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India under Indian judiciary rules?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > ACTING, ADHOC AND RETIRED JUDGES > p. 288
Presence: 5/5
“He/She can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the President. The judge so appointed should be qualified for appointment as a judge of the Supreme Court. he/she enjoys a ll the jurisdiction, powers and privi leges (and discharges the duties) of a judge of the Supreme Court. Retired Judge At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.”
Why this source?
  • Explicitly states the Chief Justice of India can request a retired Supreme Court judge to act as a Supreme Court judge for a temporary period.
  • Specifies the recalled person must be duly qualified for appointment as a Supreme Court judge.
  • Notes that such a judge enjoys the full jurisdiction, powers and privileges of a Supreme Court judge while acting.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
Presence: 5/5
“Constitution of the PARLIAMENT has the power to make laws regulating the Supreme Court. Constitution, organisation, jurisdiction and powers of the Supreme Court. Subject to such legislation, the Supreme Court consists of the Chief Justice of India and not more than thirty-three other Judges [Article 124]. Besides, the Chief Justice of India has the power, with the previous consent of the President, to request a retired Supreme Court Judge to act as a Judge of the Supreme Court for a temporary period. Similarly, a high court Judge may be appointed ad hoc Judge of the Supreme Court for a temporary period if there is a lack of quorum of the permanent Judges [Article 127-128].2 Every Judge of the Supreme Court shall be appointed by the President of India.”
Why this source?
  • Directly records the CJI's power, with the previous consent of the President, to request a retired Supreme Court judge to act temporarily as a Supreme Court judge.
  • References constitutional articles (127-128) governing temporary appointment of retired or ad hoc judges.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > ACTING, ADHOC AND RETIRED JUDGES > p. 288
Presence: 5/5
“He/She can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the President. The judge so appointed should be qualified for appointment as a judge of the Supreme Court. he/she enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court. Retired Judge At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.”
Why this source?
  • Affirms the same formulation: CJI can request a retired Supreme Court or high court judge to act temporarily as a Supreme Court judge.
  • Reiterates the qualification requirement and that the acting judge assumes full judicial powers and privileges.
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SIMILAR QUESTIONS

IAS · 2019 · Q81 Relevance score: 4.29

With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

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Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India. Which of the statements given above is/are correct?

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Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct?

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Consider the following statements: I. A person who has held office as a permanent Judge of a High Court cannot pleaded or act in any court or before any authority in India except the Supreme Court. II. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India. Which of the statements given above is/are correct?

IAS · 2005 · Q115 Relevance score: 3.11

Consider the following statements: 1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution. 2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund of India. Which of the statements is/are correct?