Governance, Indian Polity & Constitution
Context: The Supreme Court rejected a review petition filed by Bilkis Bano.
About Review petition:
- According to the Indian Constitution, any mandate by the Supreme Court of India is final and binding. However, Under Article 137 provided the Supreme Court with the power to review its judgments. This provision forms the legal basis for a “review petition”.
- It is not necessary that only parties related to a case can seek a review of the judgment. Any person aggrieved by a ruling can seek a review.
- A review petition must be filed within 30 days of the court verdict.
- Review petitions are usually not heard in open court. They are heard through “circulation” by judges in their chambers.
- In a Review Petition case, Lawyers usually make their case through written submissions, and not oral arguments.
- The same judges who passed the original verdict generally also hear the review petition.
- There are specific grounds on which a review petition can be accepted in court, but not accepted in case of “minor mistakes”.
- In 1975, the Supreme court mentioned that a review petition can be accepted “only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”.
- In 2013, the Supreme Court laid down 3 conditions for accepting a review petition:
- The discovery of new and important matter or evidence which was not within the knowledge of the petitioner or could not be produced by him earlier.
- A mistake or error is apparent on the face of the record.
- Any other sufficient reason.
- It is rare for the Supreme Court to both admit reviews and overturn an original decision in a review.
- It did agree to review its original verdict in the Sabarimala case but refused to review its ruling on the Rafale deal.
- In the Union of India v. Sandur Manganese & Iron Ores Ltd case (2013), the court laid down nine principles on when a review is maintainable.
- The court held that a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error.
Who can file a review petition?
- It is not necessary that only parties to a case can seek a review of the judgment on it. As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by judgment can seek a review.
Who hears the review petitions?
- Review petitions are heard, as far as practicable, by the same combination of judges who delivered the order or judgment that is sought to be reviewed. If a judge has retired or is unavailable, a replacement is made keeping in mind the seniority of judges.
Source: Indian Express
Previous Year Question
Q.1) With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organization unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct? (2022)
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
