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Consider the following statements.
- The Constitution of India grants the Supreme Court the power to review its judgments or orders.
- A review petition must be filed within 30 days of pronouncement of the judgment.
- A review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice.
- The Constitution of India species that the review petitions must be heard in an open court.
Which of the above statements is/are correct?
- a)1, 2, 3
- b)2, 3, 4
- c)1, 2, 3, 4
- d)1, 2, 4
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements. The Constitution of India grants th...
- A ruling by the Supreme Court is final and binding. However, Article 137 of the Constitution grants the SC the power to review its judgments or orders. A review petition must be filed within 30 days of pronouncement of the judgment. Except in cases of death penalty, review petitions are heard through “circulation” by judges in their chambers, and not in an open court. Lawyers make their case through written submissions and not oral arguments. The judges who passed the verdict decide on the review petition as well.
- The SC rarely entertains reviews of its rulings. A review is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice. “A mistake apparent on the face of record” is one of the grounds on which a case for review is made. This mistake, the court has said, must be glaring and obvious — such as relying on case law that is invalid.
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Consider the following statements. The Constitution of India grants th...
The correct answer is option 'A': 1, 2, 3
Explanation:
1. The Constitution of India grants the Supreme Court the power to review its judgments or orders:
The power of review is provided under Article 137 of the Constitution of India. It empowers the Supreme Court to review its own judgments or orders. This power is essential to rectify any errors, omissions, or mistakes that may have occurred in the judgment.
2. A review petition must be filed within 30 days of pronouncement of the judgment:
As per the Supreme Court Rules, 2013, a review petition must be filed within 30 days from the date of the judgment or order. The time limit for filing a review petition is strict and cannot be extended.
3. A review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice:
The Supreme Court allows review petitions only on limited grounds. The grounds for review are mentioned in Order XLVII, Rule 1 of the Supreme Court Rules, 2013. These grounds include the discovery of new and important matter or evidence that was not within the knowledge of the petitioner at the time of the judgment, an error apparent on the face of the record, or any other sufficient reason. The purpose of allowing review is to correct grave errors that have resulted in a miscarriage of justice.
4. The Constitution of India specifies that review petitions must be heard in an open court:
The Constitution of India does not explicitly mention that review petitions must be heard in an open court. However, the general principle of open court hearings applies to review petitions as well. Open court hearings ensure transparency and allow the parties involved to present their arguments and evidence before the Court.
In conclusion, statements 1, 2, and 3 are correct. The Constitution of India grants the Supreme Court the power to review its judgments or orders, a review petition must be filed within 30 days of pronouncement of the judgment, and a review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice. Statement 4 is incorrect as the Constitution does not explicitly specify that review petitions must be heard in an open court.
Explanation:
1. The Constitution of India grants the Supreme Court the power to review its judgments or orders:
The power of review is provided under Article 137 of the Constitution of India. It empowers the Supreme Court to review its own judgments or orders. This power is essential to rectify any errors, omissions, or mistakes that may have occurred in the judgment.
2. A review petition must be filed within 30 days of pronouncement of the judgment:
As per the Supreme Court Rules, 2013, a review petition must be filed within 30 days from the date of the judgment or order. The time limit for filing a review petition is strict and cannot be extended.
3. A review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice:
The Supreme Court allows review petitions only on limited grounds. The grounds for review are mentioned in Order XLVII, Rule 1 of the Supreme Court Rules, 2013. These grounds include the discovery of new and important matter or evidence that was not within the knowledge of the petitioner at the time of the judgment, an error apparent on the face of the record, or any other sufficient reason. The purpose of allowing review is to correct grave errors that have resulted in a miscarriage of justice.
4. The Constitution of India specifies that review petitions must be heard in an open court:
The Constitution of India does not explicitly mention that review petitions must be heard in an open court. However, the general principle of open court hearings applies to review petitions as well. Open court hearings ensure transparency and allow the parties involved to present their arguments and evidence before the Court.
In conclusion, statements 1, 2, and 3 are correct. The Constitution of India grants the Supreme Court the power to review its judgments or orders, a review petition must be filed within 30 days of pronouncement of the judgment, and a review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice. Statement 4 is incorrect as the Constitution does not explicitly specify that review petitions must be heard in an open court.
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Consider the following statements. The Constitution of India grants the Supreme Court the power to review its judgments or orders. A review petition must be filed within 30 days of pronouncement of the judgment. A review petition is allowed on narrow grounds to correct grave errors that have resulted in a miscarriage of justice. The Constitution of India species that the review petitions must be heard in an open court.Which of the above statements is/are correct?a)1, 2, 3b)2, 3, 4c)1, 2, 3, 4d)1, 2, 4Correct answer is option 'A'. Can you explain this answer?
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