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?

Answer: A. Only statement 1 is correct. Statement 1 is CORRECT. ARTICLE 128 of the Constitution empowers the CHIEF JUSTICE OF INDIA (CJI) to REQUEST any RETIRED JUDGE of the Supreme Court (or of the Federal Court) to SIT AND ACT as a judge of the Supreme Court. This requires: - PRIOR CONSENT of the President of India. - CONSENT of the retired judge concerned. The retired judge during this temporary service has all the JURISDICTION, POWERS AND PRIVILEGES of a Supreme Court judge but is NOT deemed a Supreme Court judge thereby (retains 'retired' status). ARTICLE 224A makes parallel provision for the CHIEF JUSTICE OF A HIGH COURT to invite retired judges to sit as ad hoc High Court judges. These provisions have been used periodically when SC/HC bench strengths are low. Statement 2 is WRONG. The HIGH COURTS in India DO NOT have the same REVIEW POWERS as the Supreme Court has over its own judgments. The Supreme Court derives its review power from ARTICLE 137: 'subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.' This is a CONSTITUTIONAL POWER. The High Courts do NOT have an EQUIVALENT CONSTITUTIONAL REVIEW POWER. They have a more limited review jurisdiction under: - Section 114 and Order XLVII of the Code of Civil Procedure 1908 (for civil matters). - Section 362 of the CrPC (for criminal matters — extremely restricted; the HC generally cannot alter its judgment once signed, except clerical errors). So while HCs can review under statutory law in limited circumstances, their power is NOT co-extensive with the Supreme Court's constitutional review power under Article 137. The statement is too broad. Source: Constitution of India Articles 128, 137, 224A / CPC Order 47 / CrPC Section 362 / D.D. Basu, Constitutional Law of India.