Civil Services Prep

Prelims 2021 · Polity and Constitution · Question 88

With reference to Indian judiciary, consider the following statements:<br/>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.<br/>2. A High Court in India has the power to review its own judgement as the Supreme Court does.<br/><br/>Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Both 1 and 2

1. Correct. Under Article 128, the Chief Justice of India may, with the previous consent of the President and the consent of the retired judge, request a retired Supreme Court judge to sit and act as a judge of the Supreme Court.

2. Correct. A High Court has the power to review its own judgment; this is recognized under procedural law and constitutional practice, just as the Supreme Court has review power under Article 137.

Therefore, both statements are correct.

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