Q. 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 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?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:
  • 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.
  • The Supreme Court of India has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare.
  • Under Article 226 Of the Constitution, the High Court can also 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