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 I

examrobotsa's picture
Q: (IAS/2021)
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_subject: 

Polity

question_exam: 

IAS

stats: 

0,112,112,57,25,136,6

keywords: 

{'indian judiciary': [1, 0, 1, 2], 'supreme court judge': [1, 0, 0, 1], 'supreme court': [12, 1, 4, 14], 'chief justice': [14, 1, 3, 5], 'retired judge': [0, 0, 1, 1], 'own judgement': [0, 0, 1, 1], 'high court': [1, 0, 2, 0], 'india': [8, 1, 7, 13], 'prior permission': [0, 0, 0, 1]}

Statement 1 is correct. As per Article 128 of the Indian Constitution, any person who has served as a judge of the Supreme Court can be appointed again as a judge of the Supreme Court, but only after consultation with the Chief Justice of India and with the approval of the President of India. This provision allows retired judges to be called back to serve as ad hoc judges of the Supreme Court for a temporary period.

Statement 2 is incorrect. Unlike the Supreme Court, a High Court in India does not have the power to review its own judgement. However, it has the power to review the judgements passed by the subordinate courts under its jurisdiction. The power of review of a High Court is provided under Article 226 of the Indian Constitution.