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Which of the following statements regarding the attendance of retired judges at sittings of the Supreme Court of India istare 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 :
1 and 4
1 and 3
2 and 4
4 only
- Statement 1: Article 128 of the Indian Constitution does allow the attendance of retired judges at the sitting of the Supreme Court.
- Statement 2: The Chief Justice of India (CJI) may request former Supreme Court or High Court judges to act as Supreme Court judges. However, this must be with the President's consent.
- Statement 3: This statement is incorrect. The CJI can call upon a former High Court Chief Justice to act as a Supreme Court judge, but it requires the President's consent.
- Statement 4: This is correct. The CJI, with the President’s previous consent, can request a former Supreme Court judge to sit on the Supreme Court.
Correct Answer: Option 4, 4 only.
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