Q. With reference to 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 judgement as the Supreme Court does.
Which of the statements given above is/are correct? (UPSC Prelims 2021)
Answer:
1 only
Notes: - Statement 1 (Correct): Under Article 128 of the Constitution, the Chief Justice of India (CJI) may, at any time, with the prior consent of the President, request a retired judge of the Supreme Court or a retired judge of a High Court (who is duly qualified) to sit and act as a judge of the Supreme Court. The judge so requested is entitled to such allowances as the President may determine and enjoys all the jurisdiction, powers, and privileges of a Supreme Court judge.
- Statement 2 (Incorrect): While Article 137 explicitly grants the Supreme Court the power to review its own judgments, High Courts also possess this power but not as explicitly and not like Supreme Court. High Courts are "Courts of Record" under Article 215. The Supreme Court has held (e.g., in Shivdeo Singh v. State of Punjab) that the power to review is an inherent power of a High Court under Article 226 to prevent a miscarriage of justice or to correct a patent error, but its not explicitly mentioned in the same words as Article 137.