Which of the following statements regarding the attendance of retired judges at sittings of the Supreme Court of India is/are correct? Article 128 permits the attendance of retired judges at the sittings of the Supreme Court. 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. 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. 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:
- A1 and 4
- B2 and 4
- C2 and 3
- D4 only
Explanation
Article 128 permits retired judges to sit in the Supreme Court (statement 1 correct). The CJI may make such a request only 'with the previous consent of the President', so statement 2, which omits this, is incorrect. The Article covers former SC judges and former HC judges duly qualified for SC appointment, not specifically former Chief Justices of High Courts, so statement 3 is incorrect. Statement 4 correctly describes requesting a former SC judge with the President's prior consent. Hence 1 and 4, option (a).