Power of SC to Review Its Judgments

What’s in today’s article?

• Why in news?
• Power of SC to review its judgments
• What if a review petition fails?
• News Summary: Centre files review petition against SC order on Delhi services
• Why has this review petition been filed by the Centre?

 

Why in news?

• The Central government moved the Supreme Court on Saturday (May 20), filing a review petition against the Court’s May 11 judgment.
• May 11 Judgement gave control over the subject of administrative services to the Delhi government.

 

Power of SC to review its judgments

• Constitutional provision
  • A ruling by the Supreme Court is final and binding. The SC rarely entertains reviews of its rulings.
  • However, Article 137 of the Constitution grants the SC the power to review its judgments or orders.
  • When a review takes place, the law is that it is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.
  • A review petition must be filed within 30 days of pronouncement of the judgment.
  • As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review.
• Grounds for review
  • In a 1975 ruling, Justice Krishna Iyer said a review can be accepted only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.
  • 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, after the exercise of due diligence, 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. 
      • In subsequent rulings, the court specified that “any sufficient reason” means a reason that is analogous to the other two grounds.
  • In another 2013 ruling (Union of India v. Sandur Manganese & Iron Ores Ltd), the court laid down nine principles on when a review is maintainable.
• Procedure followed while hearing the review cases
  • 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.

 

What if a review petition fails?

• In Roopa Hurra v Ashok Hurra (2002), the court itself evolved the concept of a curative petition, which can be heard after a review is dismissed. 
• It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.
• A curative petition is also entertained on very narrow grounds like a review petition, and is generally not granted an oral hearing.

 

News Summary: Centre files review petition against SC order on Delhi services

• The Centre has sought a review of a SC verdict upholding the Delhi government’s power to make laws and wield control over civil services in the national capital.
  • The dispute over whether the Lieutenant Governor or the Chief Minister would have powers over these administrative services in Delhi went to the SC.
  • A judgment was delivered on May 11 which held that the Delhi government has the legislative and executive power over services in the national capital.

 

Why has this review petition been filed by the Centre?

• Judgement upsets the constitutional idea of federalism
  • It has equated the National Capital Territory of Delhi to a State by granting it legislative and executive authority akin to a State.
  • However, Union Territories are not States. They are the territories of the Union falling outside the territories of the States.
  • A 1997 nine-judge Bench decision of the SC, in New Delhi Municipal Corporation vs. State of Punjab, held that notwithstanding the 69th Amendment introducing a Legislative Assembly for Delhi, the NCT of Delhi remains a Union Territory.
• Judgment has led to an anomalous situation
  • The judgment has led to an anomalous situation where on one hand, the State List (List II) and Concurrent List (List III) are both concurrent in the case of Delhi.
  • This is because the Union government can legislate over any of the subjects, the Delhi government shall exercise legislative and co-extensive executive power over all entries other than three (land, police and public order).
    • The national capital territory of Delhi (NCTD) has been given a status of Union Territory.
    • However, judgement effectively elevates it to the status of a full-fledged state by giving legislative competence over all entries in List II and List III to its legislative assembly.
    • This is irrespective of whether an entry is otherwise applicable to a Union Territory or not.
• Article 309 of the Constitution distinguished between the Centre and State services
  • The civil services in a UT clearly belonged to the Centre. 
  • The appointments and transfers are made in the Delhi administration in accordance with the Central recruitment rules approved by the President through Lieutenant Governor (LG) under Article 309.
  • The May 11 judgment has substantially diluted the powers of the LG, who is a delegate of the President.
  • Also, another Constitution bench of 2018, in Bir Singh v Jal Board, held that services created for administration of NCTD are central civil services.

 

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Q1) What is curative petition?

A curative petition is a legal remedy available in certain jurisdictions, including India, to rectify or review a final judgment or order passed by the Supreme Court of India, after exhausting all other legal remedies. It is considered as the last resort for seeking justice in cases where an aggrieved party believes that a gross miscarriage of justice has occurred. The concept of a curative petition was established by the Supreme Court of India in the landmark judgment of Rupa Ashok Hurra v. Ashok Hurra in 2002. 

 

Q2) What is National Capital Territory of Delhi?

The National Capital Territory of Delhi (NCT) refers to a special administrative region in India that serves as the national capital of the country. It is commonly referred to as Delhi and is distinct from the state of Delhi. The NCT of Delhi was established under the National Capital Territory of Delhi Act, 1991, which granted a unique status to Delhi and defined its governance structure. The territory encompasses the city of Delhi along with its surrounding urban areas and districts.

 

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Source: Centre files review petition against SC order on Delhi services: How does a review petition get heard in court? | The Hindu | Hindustan Times