2021 GS Paper I, all questions

UPSC Prelims 2021 · GS Paper I

Question 88: Polity and Governance

With reference to Indian judiciary, consider the following statements :

  1. 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. 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?

a1 only
b2 only
cBoth 1 and 2
dNeither 1 nor 2

AnswerUPSC’s answer is (a).

Article 128 allows the Chief Justice of India, with the President's previous consent, to request a retired Supreme Court judge to sit and act as a judge of the Supreme Court, so statement 1 is correct. The Constitution gives the Supreme Court an express power to review its own judgments in Article 137, but it has no equivalent article for High Courts, so UPSC treats statement 2 as incorrect. Remember: Article 128 for retired judges, Article 137 for review.

  • 1. Article 128 lets the CJI, with the President's consent, request a retired judge to sit.
  • 2. The express review power is in Article 137 for the Supreme Court; UPSC treats High Courts as lacking it.

How you could have got this

  1. If you were sure statement 1 is correct, (b) and (d) go: each of them leaves 1 out.

    What you needed to know: Article 128 lets the CJI, with the President's consent, request a retired judge to sit.

  2. Then, if you were sure statement 2 is not correct, (c) goes: it includes 2.

    What you needed to know: The express review power is in Article 137 for the Supreme Court; UPSC treats High Courts as lacking it.

Only (a) is left. This one needs every statement.

Which options go is worked out from UPSC’s key and the options, not by a model.

Why each option is right or wrong
  • (a) Right: only statement 1 is correct.
  • (b) Wrong: statement 2 is incorrect in UPSC's key.
  • (c) Wrong: statement 2 is incorrect in UPSC's key.
  • (d) Wrong: statement 1 is correct under Article 128.

Worth knowing: High Courts are courts of record and the Supreme Court has recognised their power to review their own orders, so statement 2 is arguably correct; UPSC's key treats it as incorrect.

Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.

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Source: UPSC, Civil Services (Preliminary) Examination 2021, General Studies Paper I, Series A. The paper on upsc.gov.in.