With reference to Indian judiciary, consider the following statements :
- 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.
- 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?
Correct Answer: Option C
As per Article 128 of the Indian Constitution, the Chief Justice of India (CJI) can request a retired judge of the Supreme Court or a judge of a High Court (who is qualified to be a Supreme Court judge) to sit and act as a judge of the Supreme Court.
This can only be done with the previous consent of the President.
Statement 1 is correct.
Article 215 designates every High Court as a court of record, granting it all the powers of such a court. This includes the power to review its own judgments, similar to the Supreme Court's power of review. A relevant case is Pottakalathil Ramakrishnan v. Thahsildar, Tirur & ors.
Statement 2 is correct.
Hence, both statements 1 and 2 are correct.