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?
Detailed Explanation:
Answer: Option 1 — 1 Only
This question tests the understanding of judicial provisions under the Indian Constitution. Statement 1 is correct as per Article 128, while Statement 2 is incorrect because High Courts lack an explicit constitutional provision equivalent to Article 137 that grants review powers to the Supreme Court.
✅ Statement 1 – Correct: Article 128 empowers the Chief Justice of India to request any retired judge of the Supreme Court (or a qualified retired High Court judge) to sit and act as a Supreme Court judge, with the prior consent of the President of India.
❌ Statement 2 – Incorrect: While High Courts do possess the power to review their own judgments, this power is not equivalent to that of the Supreme Court. The Supreme Court's review power is explicitly granted under Article 137, whereas High Courts derive their review power from their inherent powers as Courts of Record under Article 215, not from an explicit constitutional provision. The scope and source of review powers differ between the two.
📝 Short Notes: Judicial Powers - Review and Ad-hoc Judges
| Provision | Article | Key Points |
|---|---|---|
| Ad-hoc Judges of Supreme Court | Article 128 | • CJI can request retired SC judges or qualified retired HC judges to sit as SC judges • Requires prior consent of the President • Such judges have all powers of a sitting SC judge |
| Review Power - Supreme Court | Article 137 | • Explicit constitutional provision for review • SC can review any judgment or order made by it • Subject to provisions of law and rules made under Article 145 |
| Review Power - High Courts | Article 215 | • No explicit constitutional provision like Article 137 • Derives from inherent powers as Court of Record • Limited in scope compared to Supreme Court • Based on CPC provisions and inherent powers |
| Courts of Record | Articles 129 & 215 | • Both SC and HC are Courts of Record • Can punish for contempt • Their records have evidentiary value |
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