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UPSC 2021PolityModerate

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
Correct answer
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2

Explanation

Statement 1 is correct: under Article 128, the Chief Justice of India may, with the previous consent of the President, request a retired Supreme Court judge to sit and act as a judge of the Supreme Court (the retired judge must also agree). UPSC treats statement 2 as incorrect: the Constitution expressly gives the Supreme Court power to review its own judgments (Article 137) but has no matching provision for High Courts, whose review power comes instead from the Code of Civil Procedure and their inherent powers. So 1 only.

JudiciarySupreme Court and High Court PowersRetired judgeChief Justice of IndiaPresident of IndiaHigh CourtReview judgementArticle 128Article 215

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