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?

QUESTION

Medium

Indian Polity

Prelims 2021

With reference to Indian Judiciary, consider the following statements:

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.
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?

Select an option to attempt

Explanation

Statement 1 is correct: Under Article 128 of the Constitution, the Chief Justice of India may, at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.

Statement 2 is incorrect: The Supreme Court’s power to review its own judgments is explicitly provided under Article 137 of the Constitution.

High Courts do not have an explicit constitutional provision like Article 137 to review their own judgments - their power to review stems from statutory provisions (CPC), not the Constitution.

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