Polity & Governance Practice Question›› Indian Polity ››
Judiciary
››
Review of Judgments
M
Question 1
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Consider the below statements:
1. The Supreme Court has discretionary power to review its own judgements.
2. The rules to regulate review petitions are framed by the Supreme Court itself.
3. The grounds of a review Petition are determined by the Constitution of India.
Which of the above statement(s) is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3.
Explanation Statement 1 is correct: Article 137 of the Constitution explicitly provides the Supreme Court with the power to review its judgments or orders. This is subject to provisions made by Parliament or rules framed under Article 145.
Statement 2 is correct: Under Article 145, the Supreme Court has the authority to frame its own rules, with the approval of the President, including those governing review petitions.
Statement 3 is not correct: The Constitution does not explicitly lay down the grounds for a review petition. Instead, these are determined by the Supreme Court through its rules framed under Article 145 and judicial precedents. As per the Supreme court rules 2013, a review petition must be filed within 30 days of the final judgement. The grounds defined by the Court mentioned Discovery of evidence, error/mistake or other sufficient reasons.
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