Judicial Pendency

What is a Review Petition?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Review Petition

Why in the News?

Some medical students have filed a review petition against the Supreme Court’s dismissal of their plea to cancel NEET UG 2024 over alleged malpractices.

What is a Review Petition?

Details
Constitutional Provision Article 137 of the Constitution allows the Supreme Court to review any of its judgments or orders.
Scope of Review
  • Corrects “patent errors” and not minor mistakes.
  • It is not an appeal; it does not involve re-evaluating the entire case but correcting grave errors resulting in a miscarriage of justice.
Filing Review Petition
  • Can be filed by any person aggrieved by a ruling, not necessarily a party to the case.
  • Must be filed within 30 days of the judgment or order.
  • Delay can be condoned if justified with strong reasons.
Grounds for Review
  • Discovery of new and important evidence not available earlier despite due diligence.
  • Mistake or errors apparent on the face of the record.
Procedure in the Court
  • Review petitions are usually heard through circulation without oral arguments.
  • In exceptional cases, oral hearings may be allowed, especially in death penalty cases. 
  • Heard by the same bench of judges who delivered the original judgment or order.
Option After Review Fails If a review petition is dismissed, a curative petition can be filed as per the Roopa Hurra v. Ashok Hurra (2002) ruling, on very narrow grounds similar to a review petition.

 

PYQ:

[2017] In India, Judicial Review implies:

(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

(d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

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