UPSC Prelims 2021 · Question 88 of 97
UPSC Prelims 2021 question on Retired Judges Ad Hoc Appointment
- ExamUPSC CSE
- Year2021
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeStatement
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?
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.