Review Petition, Curative Petition and Mercy Petition
Review Petition (Article 137)
What is it?
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A legal mechanism allowing the Supreme Court to re-examine its own judgment to correct patent errors or miscarriages of justice.
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Not a re-hearing, only meant for correction of mistakes.
A legal mechanism allowing the Supreme Court to re-examine its own judgment to correct patent errors or miscarriages of justice.
Not a re-hearing, only meant for correction of mistakes.
Legal Basis:
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Article 137 of the Constitution
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Must be filed within 30 days of the judgment (as per SC Rules, 1966).
Article 137 of the Constitution
Must be filed within 30 days of the judgment (as per SC Rules, 1966).
Grounds for Review:
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New and important evidence
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Error apparent on the face of the record
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Other sufficient reason (decided by the Court)
New and important evidence
Error apparent on the face of the record
Other sufficient reason (decided by the Court)
Case Law:
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Lily Thomas v. Union of India: Review can be exercised to correct mistakes, but not merely because two views are possible.
Lily Thomas v. Union of India: Review can be exercised to correct mistakes, but not merely because two views are possible.
Curative Petition
What is it?
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Last judicial resort if a review petition is dismissed.
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Meant to correct gross miscarriage of justice or violation of natural justice.
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Not mentioned in the Constitution, evolved by Supreme Court.
Last judicial resort if a review petition is dismissed.
Meant to correct gross miscarriage of justice or violation of natural justice.
Not mentioned in the Constitution, evolved by Supreme Court.
Origin:
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Rupa Ashok Hurra v. Ashok Hurra (2002): SC allowed curative powers under its inherent powers from Article 142.
Rupa Ashok Hurra v. Ashok Hurra (2002): SC allowed curative powers under its inherent powers from Article 142.
Conditions:
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Violation of natural justice
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Bias or injustice by a judge
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Certification by a senior advocate
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Reviewed by the same bench (in-chamber)
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Exemplary costs can be imposed for meritless petitions
No further appeal is possible after a curative petition.
Violation of natural justice
Bias or injustice by a judge
Certification by a senior advocate
Reviewed by the same bench (in-chamber)
Exemplary costs can be imposed for meritless petitions
Mercy Petition
What is it?
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Last constitutional remedy available to a convict, especially in death penalty cases.
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Can be filed if there’s doubt in conviction or miscarriage of justice.
Last constitutional remedy available to a convict, especially in death penalty cases.
Can be filed if there’s doubt in conviction or miscarriage of justice.
Constitutional Articles:
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Article 72 – President’s power
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Article 161 – Governor’s power
(Executed on advice of Council of Ministers)
Article 72 – President’s power
Article 161 – Governor’s power
(Executed on advice of Council of Ministers)
Types of Relief:
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Pardon – Complete forgiveness
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Commute – Reduce type of punishment
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Remission – Reduce duration of punishment
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Reprieve – Delay execution
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Respite – Lesser sentence due to special grounds (e.g. pregnancy)
Pardon – Complete forgiveness
Commute – Reduce type of punishment
Remission – Reduce duration of punishment
Reprieve – Delay execution
Respite – Lesser sentence due to special grounds (e.g. pregnancy)
Case Law:
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Dhananjoy Chatterjee v. State of WB: Mercy plea rejected by President in 2004.
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Kehar Singh v. Union of India: Mercy power is not a right and not justiciable.
Dhananjoy Chatterjee v. State of WB: Mercy plea rejected by President in 2004.
Kehar Singh v. Union of India: Mercy power is not a right and not justiciable.
| Feature | Review Petition | Curative Petition | Mercy Petition |
|---|---|---|---|
| Filed after | Original Judgment | After rejection of Review Petition | After all judicial remedies are exhausted |
| Legal Basis | Article 137 of the Constitution | Evolved through Rupa Ashok Hurra v. Hurra (2002) | Article 72 (President) / Article 161 (Governor) |
| Who hears it? | Same bench as original verdict | In-Chamber: Senior-most judges | Executive authority (President/Governor) |
| Time Limit | Within 30 days of judgment | No fixed time limit but without undue delay | No strict timeline, but early filing preferred |
| Grounds | Error apparent on record / new facts | Violation of natural justice / bias or injustice | Humanitarian grounds / miscarriage of justice |
| Nature | Judicial remedy | Judicial (extraordinary judicial review) | Executive remedy |
| Last Remedy? | No | Yes – final legal remedy | Yes – final constitutional remedy |