🧷 Authentic Classroom Explanation by IAS Monk

📍 The 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?

(a) 1 only
(b) 2 only
(c) Both 1 and 2 only
(d) Neither 1 nor 2

✅ Correct Answer: (c)

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🔎 Curiosity Raiser (UPSC constitutional depth test)

UPSC is probing whether you know the lesser-known but explicit constitutional powers of courts, especially those that mirror the Supreme Court’s authority.

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🧠 Core Concept Tested

Articles 128 and 215 — Judicial continuity and review powers

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🔍 Classroom Explanation (UPSC Prelims Focused)

Statement 1 ✅

• Article 128 of the Constitution provides that:
  • The Chief Justice of India, with the prior consent of the President, may request:
    • a retired Judge of the Supreme Court,
    • or a retired Judge of a High Court (qualified for SC appointment),
  • to sit and act as a Judge of the Supreme Court.

👉 Statement 1 is correct.

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Statement 2 ✅

• Article 215 declares every High Court to be a Court of Record.
• As a Court of Record, a High Court:
  • has inherent powers, including
  • the power to review its own judgments, similar to the Supreme Court.
• This has been judicially recognised (e.g., Pottakalathil Ramakrishnan v. Tahsildar, Tirur).

👉 Statement 2 is correct.

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❌ Why the final answer is (c)

• Both statements are constitutionally valid.
• Hence, option (c) is correct.

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📘 Enrich Notes (Prelims Value Add)

• Article 128 → Temporary reappointment of retired judges to ensure judicial continuity
• Court of Record → Power to punish for contempt + inherent review powers
• High Courts → Not subordinate to Supreme Court in constitutional status

📌 Prelims Recall Line
Continuity through Article 128; correction through Court of Record powers.

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🧘‍♂️ IAS Monk Whisper

The Constitution allows wisdom to return,
and justice to correct itself.