With reference to Indian judiciary, consider the following statements :
1. Any retired judge of the Supreme Co

Question

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?

Accepted Answer

Statement 1 is correct. Article 128 of the Indian Constitution provides that the Chief Justice of India may, with the previous consent of the President, request any retired judge of the Supreme Court, or any retired judge of a High Court who is qualified for appointment as a Judge of the Supreme Court, to sit and act as a Judge of the Supreme Court. Such a judge enjoys all the jurisdiction, powers, and privileges of a Supreme Court judge.

Statement 2 is incorrect. While the Supreme Court has the power to review its own judgment (under Article 137), a High Court in India does not possess the same broad power of review over its own judgments as the Supreme Court. High Courts can recall or rectify errors, or review orders under specific procedural rules (like Order XLVII of the Civil Procedure Code), but a general power to review its own judgments akin to that of the Supreme Court is not explicitly granted or widely interpreted to be available to High Courts for all types of judgments.

Answer

1 only

Answer

2 only

Answer

Both 1 and 2

Answer

Neither 1 nor 2

Explanation

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