Question 65 from UPSC CSE 2021 - Polity & Governance

Question

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?

IASCODEX · Accepted Answer

Correct Option: C. Both 1 and 2

Strategy: To determine the correctness of the statements, follow this plan:

-   Analyze statement 1 by verifying if the process for recalling a retired Supreme Court judge, requiring the Chief Justice's action and the President's approval, aligns with Article 128.
-   Analyze statement 2 by confirming if High Courts, as courts of record, possess the inherent power to review their own judgments, as established by Article 215.
-   Conclude that both statements are correct if their descriptions accurately reflect these constitutional provisions.

Key Info: **Article 128: Recall of Judges**

The Chief Justice of India, with the President's prior consent, is empowered to request a retired Supreme Court or Federal Court judge, or any person qualified to be a Supreme Court judge, to sit and act as a Supreme Court judge. This provision ensures the bench can be strengthened as needed due to workload or for special expertise.

**Article 215: High Courts as Courts of Record**

Every High Court is a court of record and inherently possesses all powers of such a court. This includes the authority to review or revise its own judgments and to punish for contempt. The High Court's power to review its own orders has been affirmed by case law, such as Pottakalathil Ramakrishnan v. Thahsildar, Tirur.

**Principles of Judicial Review**

The Supreme Court also holds the power to review its own judgments under Article 137. These constitutional provisions are designed to ensure judicial flexibility and accountability. The power to review is a vital mechanism for correcting errors and ensuring justice within the judicial system.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option D: Neither 1 nor 2