Q. 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 the 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
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Correct Answer: c) Both 1 and 2
Question from UPSC Prelims 2021 GS Paper
Explanation :
Retired Supreme Court Judges Acting as Supreme Court Judges
According to Article 128 of the Indian Constitution, a retired judge of the Supreme Court of India can be called upon by the Chief Justice of India, with the prior permission of the President of India, to sit and act as a judge of the Supreme Court. This provision is crucial for addressing the backlog of cases or when there is a shortage of judges in the Supreme Court.
High Court’s Power to Review Its Own Judgement
The High Court in India also possesses the power to review its own judgements, a power similar to that of the Supreme Court. This is enshrined in Article 226 and Article 227 of the Indian Constitution, which grant High Courts the authority to issue writs and to have superintendence over all courts and tribunals within their jurisdiction. The procedure for review is generally detailed in the court’s rules, which are formulated under Article 225. The review mechanism is intended to rectify any mistake or error apparent on the face of the record, rather than to re-litigate the case on its merits.
