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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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PROVENANCE & STUDY PATTERN
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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

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.
Statement 2
Does a High Court in India have the power to review its own judgments in the same manner and scope as the Supreme Court of India?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
Presence: 5/5
“According to this Act, a High Court has power to punish for contempt of not only itselfbut also contempt of subordinate courts. However, no High Court shall take cognizance of a contempt alleged to have been committed in respect of a subordinate court, where such contempt is an offence punishable under the Indian Penal Code, 1860. As a court of record, a high court also has the power to review and correct its own judgment or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution.”
Why this source?
  • Explicitly states a High Court, as a court of record, has power to review and correct its own judgments/orders/decisions.
  • Also states no specific power of review for High Courts is conferred by the Constitution.
  • Directly contrasts this with the Supreme Court, which is specifically conferred the power of review by the Constitution — implying a difference in manner/scope.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > I'll A Court of Record > p. 360
Presence: 5/5
“According to this Act, a High Court has power to punish for contempt of not only itselfbut also contempt of subordinate courts. However, no High Court shall take cognizance of a contempt alleged to have been committed in respect of a subordinate court, where such contempt is an offence punishable under the Indian Penal Code, 1860. As a court of record, a high court also has the power to review and correct its own judgment or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically confe rred with the power o f rev iew by the constitution.”
Why this source?
  • Repeats that High Courts possess inherent review/corrective power as courts of record.
  • Reiterates that the Supreme Court alone has constitutionally conferred review power, supporting the distinction in scope/manner.
Pattern takeaway: The examiner loves 'Institutional Parity' questions. They test if you know where the SC and HC are identical (Court of Record status) and where they diverge (Ad-hoc vs Additional judges). Always verify if a power is 'Constitutional' (Art 137) or 'Inherent' (Art 215).
How you should have studied
  1. [THE VERDICT]: Sitter. Direct hits from Laxmikanth Ch 26 (Supreme Court) and Ch 34 (High Court).
  2. [THE CONCEPTUAL TRIGGER]: Judicial Asymmetry. The Constitution gives similar powers to SC and HC but introduces specific structural differences (e.g., Ad-hoc judges vs Additional judges).
  3. [THE HORIZONTAL EXPANSION]: (1) Ad-hoc Judges: Permitted in SC (Art 127) but NOT in HC. (2) Additional/Acting Judges: Permitted in HC (Art 224) but NOT in SC. (3) Distinguished Jurist: Can be SC judge (Art 124) but NOT HC judge (Art 217). (4) Ban on Practice: Retired SC judge (Nowhere) vs Retired HC judge (Can practice in SC & other HCs).
  4. [THE STRATEGIC METACOGNITION]: Stop reading chapters in isolation. When you finish the 'Supreme Court' chapter, immediately read the 'High Court' chapter and tabulate the differences. UPSC questions live in the 'delta' between these two chapters.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Temporary recall of retired Supreme Court judges
💡 The insight

Chief Justice of India can request a retired Supreme Court judge to act temporarily as a Supreme Court judge with prior consent of the President.

High-yield constitutional point: explains composition flexibilities of the Supreme Court and links to Articles 127–128. Useful for questions on judicial appointments, temporary benches and court strength.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > ACTING, ADHOC AND RETIRED JUDGES > p. 288
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
🔗 Anchor: "Can any retired judge of the Supreme Court of India be recalled to sit and act a..."
📌 Adjacent topic to master
S1
👉 Eligibility and powers of acting/ad hoc judges
💡 The insight

Acting or recalled judges must be qualified for Supreme Court appointment and exercise full jurisdiction, powers and privileges while serving.

Essential for understanding who can serve temporarily and their authority; connects to topics on judicial competence, functioning of benches and validity of orders delivered by acting judges.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > ACTING, ADHOC AND RETIRED JUDGES > p. 288
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > ACTING, ADHOC AND RETIRED JUDGES > p. 288
🔗 Anchor: "Can any retired judge of the Supreme Court of India be recalled to sit and act a..."
📌 Adjacent topic to master
S1
👉 Post-retirement restrictions on Supreme Court judges
💡 The insight

Retired Supreme Court judges are prohibited from pleading or acting in any court or before any authority within India.

Important for issues of judicial independence and post-retirement conduct; helps answer questions on conflict-of-interest, post-retirement employment and limitations on judicial activity.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > INDEPENDENCE OF SUPREME COURT > p. 289
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > INDEPENDENCE OF SUPREME COURT > p. 289
🔗 Anchor: "Can any retired judge of the Supreme Court of India be recalled to sit and act a..."
📌 Adjacent topic to master
S2
👉 High Court as 'Court of Record' and inherent review power
💡 The insight

High Courts' status as courts of record grants them an inherent power to review and correct their own judgments, which is central to comparing their review authority with the Supreme Court's.

This is high-yield for questions on judicial powers and hierarchy: it links to contempt jurisdiction, corrective jurisdiction, and limits of non-constitutional powers. Mastery helps answer comparative questions about High Courts vs Supreme Court and permits analysis of institutional competence and remedies.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > 34 ~ CHAPliER > p. 353
🔗 Anchor: "Does a High Court in India have the power to review its own judgments in the sam..."
📌 Adjacent topic to master
S2
👉 Constitutional conferment of review power on the Supreme Court
💡 The insight

The Supreme Court's power of review is specifically provided by the Constitution, creating a legal distinction from High Courts' inherent review power.

Crucial for constitutional law topics and UPSC polity questions that probe sources of judicial power. Understanding this distinction aids in evaluating questions on appellate vs review jurisdiction and the supremacy of constitutional provisions.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > I Other Powers > p. 294
🔗 Anchor: "Does a High Court in India have the power to review its own judgments in the sam..."
📌 Adjacent topic to master
S2
👉 Scope of Judicial Review
💡 The insight

The concept of judicial review defines the grounds and limits on courts' power to examine laws and actions, which frames any comparison of review scope between High Courts and the Supreme Court.

High-yield for questions on fundamental rights, separation of powers, and validity of legislation; it links constitutional provisions to practical judicial remedies and helps analyze when and how courts can revisit decisions.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > SCOPE OF JUDICIAL REVIEW > p. 298
🔗 Anchor: "Does a High Court in India have the power to review its own judgments in the sam..."
🌑 The Hidden Trap

The Distinguished Jurist Trap: A 'distinguished jurist' (in the opinion of the President) can be appointed as a Supreme Court judge (Art 124), but this category DOES NOT EXIST for High Court appointments (Art 217). UPSC will swap these to trap you.

⚡ Elimination Cheat Code

The 'Parallel Power' Heuristic: In the Indian Constitution, if a procedural power exists for the SC (like reviewing judgments to correct errors), it almost always exists for the HC to ensure justice, unless explicitly barred. If an option suggests the HC is 'powerless' to correct its own mistakes, it violates the principle of natural justice. Bet on the HC having the power.

🔗 Mains Connection

Contempt of Court (GS-2): The 'Court of Record' status (Art 129/215) is the source of Contempt powers. Link this to the Contempt of Courts Act, 1971 debates regarding 'Scandalizing the Court' vs Freedom of Speech.

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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?

IAS · 2007 · Q64 Relevance score: 4.25

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?

IAS · 2019 · Q46 Relevance score: 3.90

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?

IAS · 2006 · Q127 Relevance score: 3.59

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?