UPSC Prelims 2021 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.
   
   

Which of the statements given above is/are correct?

Explanation:

• According to Article 128 of the Constitution, the Chief Justice of India, at any time, can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to 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. But, he will not otherwise be deemed to be a judge of the Supreme Court. So, statement 1 is correct.
  
  
• Article 137 of the Constitution of India explicitly grants the Supreme Court the power to review any of its judgments or orders. This power is however subject to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by parliament. The Court is thus restricted in the exercise of the power of review to cases where there is an error apparent on the face of the record (criminal cases) or in accordance with the provisions of Order XLVII of the Code of Civil Procedure, 1908. However, no such power has been granted to High Courts by the Constitution. So, statement 2 is not correct.
  
  

Therefore, option (1) is the correct answer.

Subject: Polity | Judiciary