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 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?
Why this question:
- Recently, the Kerala High Court said that High Courts as Courts of Record could review their own orders
- Recently, nine new Supreme Court judges take oath
- Important static topic: Indian Judiciary
Exp) Option c is correct.
Statement 1 is correct. The Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (duly qualified for appointment as a Supreme Court judge) 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 Supreme Court.
Statement 2 is correct. 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. As a court of record, a high court also has the power to review and correct its own judgement or order.
Source) Laxmikant Chapter 26 and 34 (6th edition)