What is a Review Petition?

About Review Petition:

• When a judgment is passed by a court, the doctrine of functus officio applies to it.
• This Latin doctrine means that if the judgment in a case has been pronounced or an order has been made following due process of law, in such circumstances, the case cannot be reopened.
• The right to file a review petition is an exception to this doctrine.
• The word “review” means to examine again. 
• Article 137 of the Constitution gives the Supreme Court the power to review any of its judgments or orders.
• The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”.
• Similarly, High Courts have also been given the power to review its judgments under Article 226 of the Constitution. However, it can only be invoked when there is a breach of law or violation of the Constitution. 
• Grounds for review petition: In a 2013 ruling, the Supreme Court itself laid down three grounds for seeking a review of a verdict it has delivered.
  • the discovery of new and important matter or evidence which was not within the knowledge of the petitioner or could not be produced by him;
  • mistake or error apparent on the face of the record; or
  • any other sufficient reason, which means a reason that is analogous to the other two grounds.
• Procedure:
  • Who can file a review petition? It is not necessary that only parties to a case can seek a reviewof the judgment on it. Any person aggrieved bya ruling can seek a review.
  • Time frame: As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order.
• While a judgment is the final decision in a case, an order is an interim ruling that is subject to its final verdict. 
  • The petition should clearly outline the grounds for review and include legal arguments and supporting precedents.
  • In general, review petitions in court are typically considered without oral arguments from lawyers. Instead, they are reviewed “through circulation” by the judges in their chambers. There are exceptional cases where an oral hearing may be permitted. 
  • The review petition should be circulated to the same bench that delivered the judgment.
  • However, if a Judge or bench is not available who delivered the original order/ judgment due to various reasons, any other competent Court is authorized and empowered to deal with the review application.
  • The Supreme Court will assess the petition to determine if it qualifies for review. In cases where the arguments lack substantial merit, the petition may be rejected.
  • If the review petition has been dismissed by the Court, then the aggrieved person is provided with a relief of Curative Petition.

Q1: What is a curative petition?

Curative petition is the last resort to the highest court that can be petitioned for redressal of grievances in court, and its ruling is final. It is a way to ask the court to review and revise their own decision, and it is filed after a review petition is dismissed or used. It can be entertained if the petitioner establishes there was a violation of the principles of natural justice and that he was not heard by the court before passing an order. It will also be admitted where a judge fails to disclose facts that raise the apprehension of bias.

Source: Medical students file review petition against Supreme Court’s decision on NEET UG 2024

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