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Polity & Governance2021
With reference to Indian judiciary, consider the following statements:
  1. Any retired judge of the Supreme Court of India can be
  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?

Explanation

The first statement is correct because, under Article 128 of the Indian Constitution, a retired Supreme Court judge can be temporarily appointed to sit as a judge in the Supreme Court, with the Chief Justice of India’s recommendation and the President’s approval. This provision highlights the judiciary's flexibility in ensuring that the Supreme Court has adequate judicial resources when necessary. The second statement, however, is incorrect as High Courts do not possess the same expansive authority to review their judgments as the Supreme Court; while High Courts can correct clerical errors or erroneous judgments, their power of review is limited compared to the Supreme Court's broader review powers under Article 137. Thus, only the first statement is applicable in the context of the Indian judicial framework.

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