Powers of Supreme and High Court Judgments Review
Question
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.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation
Both statements are correct. Statement 1 is grounded in Article 128, which allows the Chief Justice of India, with the President's prior consent, to request a retired Supreme Court or Federal Court judge to sit and act as a judge of the Supreme Court. Statement 2 is correct because as a Court of Record under Article 215, a High Court inherently possesses the power to review its own judgments to correct patent errors, mirroring the Supreme Court's review powers under Article 137. > High Courts can review their own judgments as courts of record, and retired apex judges can be recalled under Article 128. Answer: (c).
Question details
Year
2021
Paper
GS Paper 1
Question
Q88
Subject
Polity
Sub-topic
Judiciary & Legal Framework
Type
Statement-based
Difficulty
Medium
Nature
Static
Source hint
M. Laxmikanth Indian Polity / Articles 128 & 215
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