Question Details

With reference to the 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 the 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?

Options

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Show Answer

Correct Answer :

Option C

Both 1 and 2

Solution :

The correct answer is Both 1 and 2.


Let us analyze both statements in detail with reference to the Indian Constitution:


Statement 1: Under Article 128 of the Constitution of India, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court to sit and act as a Judge of the Supreme Court. Therefore, Statement 1 is correct.


Statement 2: Being a Court of Record under Article 215 of the Constitution of India, a High Court possesses inherent powers to review its own judgments or orders to correct any error or prevent miscarriage of justice, similar to the review jurisdiction of the Supreme Court (under Article 137). The Supreme Court has affirmed in various judgments (such as Shivdeo Singh v. State of Punjab) that the High Court, as a court of record, has plenary powers to review its own orders. Therefore, Statement 2 is also correct.


Hence, both statements 1 and 2 are correct.

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