GS PrelimsPolityJudiciary2021

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: Option A

Explanation

1. Statement 1 is correct. Article 128 of the Constitution of India allows the Chief Justice of India, with the prior permission (consent) of the President of India, to request any retired judge of the Supreme Court (or a retired judge of a High Court qualified to be appointed as a Supreme Court judge) to sit and act as a Supreme Court judge for a temporary period. 2. Statement 2 is incorrect. The Supreme Court explicitly has the power to review its own judgements under Article 137 of the Constitution. While High Courts are courts of record (Article 215) and have inherent powers, there is no specific constitutional provision granting them a general power to review their own judgements in the same manner as the Supreme Court. Their review powers are limited, often governed by procedural laws like the Code of Civil Procedure or the Code of Criminal Procedure, and are not as broad as the Supreme Court's power under Article 137.

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