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 judgment as the Supreme Court does.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Explanation

Statement 1 is correct

• At any time, the Chief Justice of India may request a retired judge of the Supreme Court or a retired High Court judge (who is qualified to be appointed to the Supreme Court) to act as a judge of the Supreme Court for a temporary period. This can be done only with the prior consent of the President and the concerned judge. Such a judge is entitled to allowances as determined by the President and, during the period of appointment, enjoys all the jurisdiction, powers, and privileges of a Supreme Court judge. However, he is not otherwise regarded as a permanent judge of the Supreme Court.

Statement 2 is incorrect

• As a court of record, a high court also has the power to review and correct its own judgment, but the statement incorrectly equates the review powers of High Courts with those of the Supreme Court. While High Courts do possess review powers, their source and scope differ from the Supreme Court’s broader constitutional power of review under Article 137.
• Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is, however, subject to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by Parliament.

Answer: (a) 1 only; Difficulty Level: Easy