Here is Question No. 28 a part of our series on UPSC Prelims 2021.
Q28. With reference to the 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 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: (c)
- Statement 1 is correct: Under Article 128 of the Constitution, the Chief Justice of India may, at any time, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court for a temporary period. He can do so only with the previous consent of the President and also of the person to be so appointed. Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers, and privileges of a judge of the Supreme Court.
- Statement 2 is correct: Under Article 226 Of the Constitution, the High Court can review its own judgment being a Court of Record. The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their own orders. A Division Bench of Chief Justice S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition
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