Q88 · UPSC Prelims 2021 · Set A · Polity and Governance

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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

A 1 only
B 2 only
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (a) 1 only

Explanation

  1. A

    1 only

    1 only. Article 128: CJI may request a retired SC judge to sit, with the President’s consent. High Courts do not have the Supreme Court’s review jurisdiction in the same terms as statement 2 claims.

  2. B

    2 only

    2 only. Statement 2 over-equates HC and SC review.

  3. C

    Both 1 and 2

    Both. Statement 2 fails.

  4. D

    Neither 1 nor 2

    Neither. Statement 1 holds.

Summary. Official key is (a) 1 only. A retired Supreme Court judge may sit again at the CJI’s request with the President’s prior consent. The High Court’s power to review its own judgment is not the Supreme Court’s Article 137 replica as statement 2 puts it.

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