Polity: Article 128 retired SC judges and HC review vs SC review
Statement 1 – Correct Article 128 of the Constitution. The Chief Justice of India, with prior consent of the President (and the retired judge), can request a retired Supreme Court judge to sit and act as an SC judge temporarily. Hence, Statement 1 is constitutionally correct. Statement 2 – Incorrect It is wrong to equate the High Court’s power of review with that of the Supreme Court. Supreme Court: Review power is explicitly given by the Constitution A137 High Court: Power to review is not under the Constitution, but under statutory law: Section 114 & Order 47 of the Civil Procedure Code (CPC). So, a High Court does not review its judgments as the Supreme Court does (constitutional vs statutory source). UPSC trap: the words[ as the Supreme Court does make ] The statements are wrong because the language itself suggests that the High Court and the Supreme Court have equal power in contrast to review its own judgement. Yaar dekho ye language hi Incorrect hai Statement 2 wrong.
