TNPSC Important Material

REVIEW PETITION

In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exemption to the legal principle of stare decisis.

Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.

Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice

CURATIVE PETITION

The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after dismissal of a review petition The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers.^[2] For this purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition

REQUIREMENTS

To entertain the curative petitions, the court has laid down certain specific conditions. Its laid down in order The requirements which are needed in order to accept the curative petitions are:

1.   The petitioner will have to establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgement that adversely affected him.

2.   The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was dismissed by circulation.

3.   The curative petition must accompany certification by a senior lawyer relating to the fulfillment of the above requirements.

4.   The petition is to be sent to the three senior most judges and judges of the bench who passed the judgement affecting the petition, if available.

5.   If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same bench (as far as possible).

6.   The court could impose “exemplary costs” to the petitioner if his plea lacks merit.

While Review Petition has constitutional recognition,Curative is product of Supreme Court Judgment.