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With reference to Petitions in India, consider the following statements:
The provision of Curative Petition is a judicial invention which now enjoys constitutional support under Article 137.
  • Mercy petition an extra constitutional mechanism, is the last resort when a person has lost all judicial, statutory and constitutional remedies.
    Which of the statements given above is/ are correct?
    • a)
      1 only
    • b)
      2 only
    • c)
      Both 1 and 2
    • d)
      Neither 1 nor 2
    Correct answer is option 'A'. Can you explain this answer?
    Verified Answer
    With reference to Petitions in India, consider the following statemen...
    Statement 1 is correct. The concept of Curative Petition originated from Rupa Ashok Hurra Vs. Ashok Hurra and Anr. case. Hence, it is a judicial invention. However, Article 137 provides that in the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it. Hence, curative petition has constitutional recognition under Article 137.
    Statement 2 is incorrect. Mercy petition is the power of President and Governor in its respective domain. Mercy Petition is not an extra- constitutional mechanism. It is provided under Article 72 and Article 161 of the Constitution also called as Pardoning power of President and Governor respectively. In the context of Indian Judicial System, Mercy Petition is the last resort. When a person has lost all the remedies available to him/her under all the prevailing laws as well as under the Constitutional remedies, he may file a mercy petition before the President of India and Governor. Under mercy petition President exercises pardon, remission, respite, commutation and Reprieve.
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    With reference to Petitions in India, consider the following statements: The provision of Curative Petition is a judicial invention which now enjoys constitutional support under Article 137. Mercy petition an extra constitutional mechanism, is the last resort when a person has lost all judicial, statutory and constitutional remedies. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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    With reference to Petitions in India, consider the following statements: The provision of Curative Petition is a judicial invention which now enjoys constitutional support under Article 137. Mercy petition an extra constitutional mechanism, is the last resort when a person has lost all judicial, statutory and constitutional remedies. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Petitions in India, consider the following statements: The provision of Curative Petition is a judicial invention which now enjoys constitutional support under Article 137. Mercy petition an extra constitutional mechanism, is the last resort when a person has lost all judicial, statutory and constitutional remedies. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Petitions in India, consider the following statements: The provision of Curative Petition is a judicial invention which now enjoys constitutional support under Article 137. Mercy petition an extra constitutional mechanism, is the last resort when a person has lost all judicial, statutory and constitutional remedies. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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