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Option 1 : 1 only

The correct answer is 1 only.

Power to review its own judgement

  • Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it.
  • According to article 128 of the Indian Constitution, the chief justice of India may at any time request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) 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. Hence, Statement 1 is correct.
  • As a Court of Record, High Court can review its judgments under Article 226 Of the Constitution. As per Article 215, every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
  • As a court of record, a High court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution. Hence, Statement 2 is not correct.
  • The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their orders.
  • A Division Bench of Chief Justice S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition. 

The Supreme Court of India

  • It is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
  • India is a federal state and has a single and unified judicial system with a three-tier structure, i.e. Supreme Court, High Courts, and Subordinate Courts.
  • The Indian constitution provides for a provision of the Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary).
  • Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
  • The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
  • The Jurisdiction of the Supreme Court of India can broadly be categorized into original jurisdiction, appellate jurisdiction, and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.
  • The Supreme Court is a Federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens, and the guardian of the Constitution.
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