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
- D.Neither 1 nor 2
Correct answer
Explanation
The correct answer is C, Both 1 and 2. Article 128 of the Constitution lets the Chief Justice of India, with the previous consent of the President, request any person who has held office as a Supreme Court judge to sit and act as a judge of the Supreme Court. So statement 1 is correct. The Supreme Court's power to review its own judgments comes from Article 137. High Courts have the same power: each is a court of record under Article 215, and the Code of Civil Procedure also allows a review application before the court that passed the order, so a High Court can correct an error apparent on the face of the record in its own judgment. So statement 2 is correct too. Option A is wrong because statement 2 is also true. Option B is wrong because statement 1 is also true. Option D is wrong because both statements are true. Exam tip: Article 128 for retired judges sitting in the Supreme Court, Article 224A for the High Courts; both courts can review their own judgments.
Practice Questions
View allIn the context of polity, which one of the following would you accept as the most appropriate definition of liberty?
- A.Protection against the tyranny of political rulers
- B.Absence of restraint
- C.Opportunity to do whatever one likes
- D.Opportunity to develop oneself fully
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In political theory, and in the spirit of the Indian Constitution, liberty means positive freedom: the conditions and opportunities a person needs to develop their personality fully.
Read the full explanation →Constitutional government means
- A.a representative government of a nation with federal structure
- B.a government whose Head enjoys nominal powers
- C.a government whose Head enjoys real powers
- D.a government limited by the terms of the Constitution
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Constitutional government means limited government: those in power can act only within the limits that the constitution lays down. The essence of constitutionalism is that state power is restrained by a higher law, so that rights are protected and authority cannot be used arbitrarily.
Read the full explanation →What was the exact constitutional status of India on 26th January, 1950?
- A.A Democratic Republic
- B.A Sovereign Democratic Republic
- C.A Sovereign Secular Democratic Republic
- D.A Sovereign Socialist Secular Democratic Republic
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When the Constitution came into force on 26 January 1950, its Preamble declared India a Sovereign Democratic Republic.
Read the full explanation →With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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Both statements deny powers of judicial review that Indian courts clearly hold. Statement 1 is wrong.
Read the full explanation →Under the Indian Constitution, concentration of wealth violates
- A.the Right to Equality
- B.the Directive Principles of State Policy
- C.the Right to Freedom
- D.the Concept of Welfare
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Article 39(c), one of the Directive Principles in Part IV, directs the State to ensure that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
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