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Parveen Dey
Parveen Dey
Asked: 3 years ago2022-10-29T16:01:04+05:30 2022-10-29T16:01:04+05:30In: Polity

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? 


1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

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? 


1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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  1. d3551
    2022-11-11T17:08:31+05:30Added an answer about 3 years ago

    Correct Answer – Option 3 : Both 1 and 2

    The correct answer is Both 1 and 2.

    • According to article 128 of the Indian Constitution, the chief justice of India may at any time 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. Hence, Statement 1 is correct.
    • As a Court Of Record, High Court can review its judgments under Article 226 Of the Constitution. Hence, Statement 2 is correct.
    • The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their orders.
    • A Division Bench of Chief Justice S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition. 
    • The Supreme Court of India
      • It is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
      • India is a federal state and has a single and unified judicial system with a three-tier structure, i.e. Supreme Court, High Courts, and Subordinate Courts.
      • The Indian constitution provides for a provision of Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary).
      • Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
      • The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
      • The Jurisdiction of the Supreme Court of India can broadly be categorized into original jurisdiction, appellate jurisdiction, and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.
      • The Supreme Court is a Federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens, and guardian of the Constitution.
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