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With reference to the Indian judiciary, consider the following statements

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 prior permission from 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?

(a)

1 only

(b)

2 only

(c)

Both 1 and 2

(d)

Neither 1 nor 2

Answer:

(a)

Moderate

Core Books/NCERT

Explanation

As per Article 128 of Indian Constitution, the Chief Justice of India may at any time, with the previous consent of the President, request any person to sit and act as a Judge of the Supreme Court with the following qualifications: Who has held the office of a Judge of the Supreme Court. Hence, statement 1 is correct. Being a Court of Record, the High Court can review its own judgments under Article 226 of the Constitution of India. Similarly, under Article 137, the Supreme Court shall have the power to review any judgment pronounced or order made by it. However their is a difference in the scope of review in both the courts. Hence, statement 2 is not correct. Therefore, option (a) is the correct answer.