With reference to Indian judiciary, consider the following statements

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?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2021
The correct answer is C) Both 1 and 2.
– Statement 1 is correct. Article 128 of the Constitution of India allows the Chief Justice of India, with the previous consent of the President, to request any person who has held the office of a Judge of the Supreme Court or of the Federal Court (if qualified for appointment as an SC judge) to sit and act as a Judge of the Supreme Court.
– Statement 2 is correct. High Courts in India have the power to review their own judgments. This power is exercised under various provisions, including the Code of Civil Procedure, Code of Criminal Procedure, Letters Patent establishing the High Courts, and the inherent power of the court to correct errors or prevent abuse of process. The scope and grounds for review are similar in principle to the Supreme Court’s review power under Article 137.
– The power of review is an important aspect of the judicial system, allowing courts to reconsider their own decisions on specific grounds, contributing to fairness and accuracy in the delivery of justice.