[Solved] 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?

Q 88. 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

Answer : c

Statement 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.

• Correct.
  Article 128 of the Constitution of India allows the Chief Justice of India, with the previous consent of the President, to request a retired judge of the Supreme Court or a retired judge of a High Court (who is duly qualified for appointment as a Supreme Court judge) to sit and act as a judge of the Supreme Court.

Statement 2:
A High Court in India has the power to review its own judgement as the Supreme Court does.

• Correct.
  High Courts have the power to review their own judgments under Article 226 of the Constitution and Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure.. This power, however, is exercised within defined limits and is not the same as an appeal.

Correct answer:
c) Both 1 and 2