UPSC 2021Current AffairsModerate

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
Correct Answer
D
Neither 1 nor 2

Explanation

Statement 1 is correct under Article 128, which empowers the Chief Justice of India to request a retired judge to sit in the Supreme Court with the President's prior consent, while Statement 2 is correct because High Courts, as "Courts of Record" under Article 215, possess inherent powers to review their own judgments. Option (a) is a common trap because while Article 137 explicitly grants review power to the Supreme Court, the High Court’s power is inherent and established through judicial precedence to prevent a miscarriage of justice. The core concept tested is the constitutional jurisdiction and administrative framework of the higher judiciary in India.

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

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