Which of the following statements regarding the attendance of retired judges at sittings of the Supr...........

Indian Polity Judicial System

Which of the following statements regarding the attendance of retired judges at sittings of the Supreme Court of India is/are correct ?

1. Article 128 permits the attendance of retired judges at the sittings of the Supreme Court.

2. The Chief Justice of India may at any time request anyone who has held office as a Judge of the Supreme Court or of a High Court to sit and act as a Judge of the Supreme Court.

3. The Chief Justice of India may at any time, with the previous consent of the President of India, request any person who has held the office of Chief Justice of a High Court to sit and act as a Judge of the Supreme Court.

4. The Chief Justice of India may at any time, with the previous consent of the President of India, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.

Select the correct answer using the code given below :

This questions was previously asked in

EPFO EO AO 2023

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1 and 4

1 and 3

2 and 4

4 only

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Explanation:

Let’s analyze each statement:

- Statement 1: Article 128 of the Indian Constitution indeed permits the attendance of retired judges at the sittings of the Supreme Court. Correct.

- Statement 2: This says the CJI may request *anyone* who has held office as a judge of the Supreme Court or a High Court. But the Constitution requires (in Article 128) *the previous consent of the President* for such request, and the statement misses this, making it incorrect.

- Statement 3: This states, with the President’s consent, the CJI may request a former Chief Justice of a High Court. However, Article 128 refers to “judge of a High Court”, not specifically “Chief Justice”, so mentioning only Chief Justice is incomplete/incorrect.

- Statement 4: CJI, with the President’s previous consent, may request a former judge of the Supreme Court to sit and act as a judge. Correct.

So, only Statements 1 and 4 are correct.

Correct Option:

1. 1 and 4