Polity
2021
Supreme Court
High Courts
Judicial Review

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
C.Both 1 and 2
B.2 only
D.Neither 1 nor 2

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.