Context:
Review petition on the sub categorisation of SC/ST
Review Petition:
- The right to file a review petition is an exception to this doctrine of Functus Officio
- The doctrine pronounces that once a judgment is pronounced or an order is made following due process, the case cannot be reopened.
- Constitutional Provisions –
- Under Article 137 of the Constitution, the Supreme Court can review any of its judgments or orders to correct a “patent error” but not minor mistakes.
- Under Article 226, High Courts can review their judgments in cases of breach of law or violation of the Constitution.
- Grounds for Review Petition (2013 Supreme Court Ruling) –
- New Evidence – Discovery of new and important matter or evidence not known or producible earlier.
- Apparent Error – Mistake or error apparent on the face of the record.
- Sufficient Reason – Any other reason analogous to the above 2 grounds.
- Procedure for Filing a Review Petition –
- Eligibility – Any aggrieved person, not just parties to the case, can file a review petition.
- Time Frame – Must be filed within 30 days of the judgment or order.
- The petition should clearly outline grounds for review with legal arguments and precedents.
- Typically reviewed “through circulation” by judges in chambers, with oral hearings in exceptional cases.
- Circulated to the same bench that delivered the judgment, or another competent court if the original bench is unavailable.
- Assessment – The Supreme Court assesses if the petition qualifies for review. If lacking merit, it may be rejected.
- If dismissed, the aggrieved person can seek relief through a Curative Petition
Source: The Hindu
Previous Year Question
With reference to India, consider the following statements:
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (b)
Explanation:
Corporate lawyers and patent attorneys are also recognised as advocates.
