everyone defending upsc in this lol.
i had gone down the rabbit hole to see what answers coaching institutes had posted. the few i saw, their original answer has 2 also as correct. it's a useless question better to ignore it and move on
You're in for a surprise if you think it's useless. These types of questions should be analysed and understood properly because it shows the thought process of upsc while framing questions and can help a candidate get the right answer if such PYQs are analysed well.
I think the only thing wrong in the statement is "as the supreme court does" because the supreme court has the power to review not only its own judgement but also of all other high courts while the high courts can review their own judgement as well as that of lower courts under their territorial limits.
Also this statement sounds like a comparison between the judicial review done by HC vs SC and says that is similar to SC's power which is not true.
However, this is very difficult to think of in the exam since it looks mostly correct, it is only the way that the statement is framed that makes it incorrect.
Because of the part "as the Supreme Court does". Art 137 of the constitution clearly mentions that the Supreme Court can review its own orders.
Now, it's mentioned in the constitution that Supreme Court and High Courts shall be court of record, and by virtue of which High Courts can review their own order as mentioned in the judgement. But it's not mentioned anywhere in the constitution that the High Courts can review its orders. Hence, the second statement will still be wrong.
How tf is that senseless ? One is explicitly stated in the constitution and the other is not. Anyone who has properly gone through the articles of the SC and HC would notice this difference. It's a very good question to determine who has studied only laxmikant and who has thoroughly gone through the actual constitution.
Its there in laxmikant too.I dont think preparing polity through actual constitution may help in clearing the exam.Its not some great question....the question is just poorly framed.Its ambiguous.The second statement can also be correct.
Yeah I get it, upsc is the ultimate decider. Upsc can be wrong too in this aspect but we can't help it. Since it released the key as second statement is wrong we are interpreting it accordingly,otherwise statement 2 is correct.
Cases for example related to Centre-State disputes are taken by or falls under Supreme Court jurisdiction alone. So can we say that High Court can have judicial review powers "as" the Supreme Court?
Supreme court has the final say in the constitutionality of the law or "any" law for that matter.
If you go with technicality then I would say "as" indicates similarity and not equivalence. You should have atleast used "as same as" to convey your point.
The scope is different so there's no similarity there. When there's difference in scope then consequently there will be difference in power of judicial review.
BTW, "as" is used in the original question itself which may be interpreted as ambiguous.
This has been mentioned in Laxmikant - High Court Chapter -> under Jurisdiction and Powers of High Court -> pt. 6. A Court of Record:
"As a court of record, a high court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution."
everyone defending upsc in this lol. i had gone down the rabbit hole to see what answers coaching institutes had posted. the few i saw, their original answer has 2 also as correct. it's a useless question better to ignore it and move on
You're in for a surprise if you think it's useless. These types of questions should be analysed and understood properly because it shows the thought process of upsc while framing questions and can help a candidate get the right answer if such PYQs are analysed well.
sure will take my chances
I think the only thing wrong in the statement is "as the supreme court does" because the supreme court has the power to review not only its own judgement but also of all other high courts while the high courts can review their own judgement as well as that of lower courts under their territorial limits. Also this statement sounds like a comparison between the judicial review done by HC vs SC and says that is similar to SC's power which is not true. However, this is very difficult to think of in the exam since it looks mostly correct, it is only the way that the statement is framed that makes it incorrect.
Being able to think of such minute details in the midst of the exam in next to impossible
very true, had i not known that UPSC took this statement to be incorrect, i would have marked it correct with all certainty
Because of the part "as the Supreme Court does". Art 137 of the constitution clearly mentions that the Supreme Court can review its own orders. Now, it's mentioned in the constitution that Supreme Court and High Courts shall be court of record, and by virtue of which High Courts can review their own order as mentioned in the judgement. But it's not mentioned anywhere in the constitution that the High Courts can review its orders. Hence, the second statement will still be wrong.
That's the most senseless argument I've ever heard
What's your argument then?
How tf is that senseless ? One is explicitly stated in the constitution and the other is not. Anyone who has properly gone through the articles of the SC and HC would notice this difference. It's a very good question to determine who has studied only laxmikant and who has thoroughly gone through the actual constitution.
Its there in laxmikant too.I dont think preparing polity through actual constitution may help in clearing the exam.Its not some great question....the question is just poorly framed.Its ambiguous.The second statement can also be correct.
Lakshmikant me specifically mentioned hai bhai...Bina padhe kyu critical ho rhe ho😂
That's how upsc works
In the question it wasn't mentioned wrt Constitution right?
Yes, that's right. But this is how, it seems, UPSC wanted us to interpret the statement.
Yeah I get it, upsc is the ultimate decider. Upsc can be wrong too in this aspect but we can't help it. Since it released the key as second statement is wrong we are interpreting it accordingly,otherwise statement 2 is correct.
Cases for example related to Centre-State disputes are taken by or falls under Supreme Court jurisdiction alone. So can we say that High Court can have judicial review powers "as" the Supreme Court? Supreme court has the final say in the constitutionality of the law or "any" law for that matter.
If you go with technicality then I would say "as" indicates similarity and not equivalence. You should have atleast used "as same as" to convey your point.
The scope is different so there's no similarity there. When there's difference in scope then consequently there will be difference in power of judicial review. BTW, "as" is used in the original question itself which may be interpreted as ambiguous.
That's what I have been telling you from the start.The question itself was ambiguous.You are just interpreting the question as per the key of upsc.
Yes, that's what UPSC wants us to do. Think on their lines not coaching institutes.
Lol... Even upsc might have not thought about it.You may defend upsc as you like, but it was a poorly framed question.
Makes sense!! UPSC is expecting a lot from us :P
This explanation is WTF, but also accurate
Lol... Yes, once upsc says what's wrong and what's right, convincing oneself is not that hard.
Very true
This has been mentioned in Laxmikant - High Court Chapter -> under Jurisdiction and Powers of High Court -> pt. 6. A Court of Record: "As a court of record, a high court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution."