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- a
Explanation:
Article- 128: Attendance of retired Judges at sittings of the Supreme Court— 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 (or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court) to sit and act as a Judge of the Supreme Court.
Hence, statement 1 is correct.
Article-137: Review of judgments or orders by the Supreme Court—Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.
As a Court of Record, High Court has power to review and correct its own judgement or order or decision,even though no specific power of review is conferred on it by the constitution.
The Supreme Court, on the other hand, has been specifically conferred with the power of review by the Constitution (article 137).
Hence, statement 2 is incorrect.
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