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?
The correct answer is (A) 1 only.
Explanation:
Statement 1 is correct: The Chief Justice of India may at any time, with the previous consent of the President, 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. Statement 2 is not correct: Article 137 of the Indian Constitution deals with the review of judgments or orders by the Supreme Court. It says that subject to the provisions of any law made by Parliament or any rules made under article 145; the Supreme Court shall have the power to review any judgment pronounced or order made by it. However, this power is not explicitly granted to High Courts in the Constitution.
हिंदी में प्रश्न एवं आदर्श उत्तर
भारतीय न्यायपालिका के संदर्भ में, निम्नलिखित कथनों पर विचार कीजिए :
1. भारत के राष्ट्रपति की पूर्वानुमति से भारत के मुख्य न्यायमूर्ति द्वारा उच्चतम न्यायालय से सेवानिवृत्त किसी न्यायाधीश को उच्चतम न्यायालय के न्यायाधीश के पद पर बैठने और कार्य करने हेतु बुलाया जा सकता है।
2. भारत में किसी भी उच्च न्यायालय को अपने निर्णय के पुनर्विचोक्षण की शक्ति प्राप्त है, जैसे कि उच्चतम न्यायालय के पास है।
उपर्युक्त कथनों में से कौन-सा/कौन-से सही है/हैं?
सही उत्तर (A) 1 only है।
व्याख्या:
Statement 1 is correct: The Chief Justice of India may at any time, with the previous consent of the President, 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. Statement 2 is not correct: Article 137 of the Indian Constitution deals with the review of judgments or orders by the Supreme Court. It says that subject to the provisions of any law made by Parliament or any rules made under article 145; the Supreme Court shall have the power to review any judgment pronounced or order made by it. However, this power is not explicitly granted to High Courts in the Constitution.