IAS Gyan

Daily News Analysis


25th November, 2019


Explained: When Supreme Court reviews a decision

A number of recent Supreme Court decisions have given currency to the expression “review petition”.

About Review Petition:

-       According to constitution, a judgment of the Supreme Court (SC) becomes the law of the land.

-       Under Article, 137-SC can review its own decision, which is known as review petition.

-       Under review petition, Court is not allowed to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.

-       Any person aggrieved by a ruling can seek a review and file a review petition. However, court has its discretion to allow a review petition.

Conditions for Review petition:

-       To correct a “patent error” and not “minor mistakes of inconsequential import”.

-       A review can be accepted “only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”.

-       Mistake or error apparent on the face of the record.

-       Any other sufficient reason. It means a reason that is analogous to the other two grounds.

-       A review is not an appeal whereby an erroneous decision is reheard and corrected but lies only for patent error.

-       Possibility of two views on the subject cannot be a ground for review.

Procedure of filing a review petition:

-       A review petition must be filed within 30 days of the date of judgment or order.

-       An order in the case is an interim ruling that is subject to its final verdict.

-       Lawyers would ordinarily entertain review petitions without oral arguments.

-       In exceptional cases, the court can allow an oral hearing.

Recent cases of review petition:

-       Supreme Court agrees for review petition in Sabrimala case verdict by 3:2.

-       Court rejected Rafale review petition and upheld its earlier verdict as final judgement.

-       All India Muslim Law Board is planning to file a review petition in Ayodhya case verdict.

Curative Petition:

-       As the court of last resort, the Supreme Court’s verdict cannot result in a miscarriage of justice.

-       Supreme Court has evolved the concept of curative petition. Which is heard after a review is dismissed to prevent abuse of its process. It is also entertained on very narrow grounds.

Reference: https://indianexpress.com/article/explained/supreme-court-babri-masjid-ram-temple-review-petition-6135075/

Explained: What is Rule 12, used by Centre to revoke President’s Rule in Maharashtra

Revocation of President Rule:

-       For revocation of the President's rule, a recommendation of the Union Cabinet to the President is required.

-       In case of Maharashtra, Government has revoked the president rule without holding the cabinet meeting by invoking rules 12.

About Rules 12:

-       Rule 12 of the Government of India (Transaction of Business) Rules, 1961, allows the Prime Minister to depart from laid down norms at his discretion.

-       The Cabinet can subsequently give post-facto approval for any decision taken under Rule 12.

Application of Rules 12:

-       It is usually not used to arrive at major decisions by the government.

-       The last big decision taken through the invocation of Rule 12 was re-organisation of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh on October 31.

-       The Cabinet gave post-facto approval to the same on November 20.

Reference: https://indianexpress.com/article/explained/what-is-rule-12-used-by-centre-to-revoke-presidents-rule-in-maharashtra-6134795/

Floor test plea: SC wants Governor’s order, Fadnavis letter

The Supreme Court has put on hold a plea for ordering a floor test in the Maharashtra Assembly till it examined records.

Court observation:

-       Produce the Governor’s order of November 23.

-       The letter of Mr. Fadnavis to the Governor staking claim to form the government.

Both these documents have to be provided by Monday.

Reference: https://www.thehindu.com/todays-paper/floor-test-plea-sc-wants-governors-order-fadnavis-letter/article30072423.ece




Latest survey by NSO debunks Swachh Bharat ODF claims



Findings of the NSO:

-       About 71% of rural households had access to toilets at a time when the Centre was claiming 95% had access.

-       Almost 42% of the rural households in Jharkhand had no access to a toilet at that time.

-       In Tamil Nadu, the gap was 37%, followed by 34% in Rajasthan.

-       The National Statistical Office said 28.7% of rural households had no toilet access at the time. When, government declared 25 States and Union territories as ODF.

-       71% coverage is a significant improvement over the last survey of 2012, when coverage was mere 40%.

About NSO:

-       The survey was carried out between July and December 2018, with a reference date of October 1.

-       The National Statistical Office (NSO) headed by a Director General is responsible for conduct of large-scale sample surveys in diverse fields on All India basis.

-       Primarily data are collected through nation-wide household surveys on various socio-economic subjects, Annual Survey of Industries (ASI), etc.

-       It has four divisions: Survey Design and Research Division (SDRD), Field Operations Division (FOD), Data Processing Division (DPD), Survey Coordination Division (SCD).

Reference: https://www.thehindu.com/todays-paper/latest-survey-by-nso-debunks-swachh-bharat-odf-claims/article30072408.ece

Centre nudging M.P., U.P. on Ken-Betwa

The government has said it is pushing Uttar Pradesh and Madhya Pradesh to make progress on the Ken-Betwa river interlinking project. Government is pursuing this interlinking programme in a consultative manner.

About the Project:

-       Transfer surplus water from Ken River in Madhya Pradesh to the Betwa in Uttar Pradesh.

-       Irrigate 3.64 lakh hectares in the Bundelkhand region of both States.

-       It involves building a 77-metre tall, a 2 km wide Dhaudhan dam, and a 230 km canal.

-       Provide 49 million cubic metres for drinking water.

Challenges in Project:

-       Differences between the States regarding sharing of water.

-       Environmental challenges.

-       MP government says that water-sharing agreement of 2015 is not valid now.

About Interlinking of Water:

Since the 1980s, the interlinking project has been managed by India’s National Water Development Agency (NWDA) under the Ministry of Water Resources.

Components of the Project:

-       Northern Himalayan Rivers interlink component.

-       A southern peninsular component.

-       An intra-State rivers linking component.



Pros of interlinking of water:

-       Interlinking of rivers will help areas having shortage of water areas to have water throughout the year.

-       This will cut farmers dependence on monsoon rains by bringing millions of hectares of cultivatable land under irrigation.

-       Crop productivity would increase and so would revenues for the State.

-       The river linking project will ease the water shortages in western and southern India while mitigating the impacts of recurrent floods in eastern India.

-       India needs clean energy to fuel its development processes, and river water can be leveraged for this.

-       Fulfilling water needs impact socio-economic life of people, which will help to end poverty.

-       Potential benefits to transportation through navigation, as well as broadening income sources in rural areas through fishing.




-       Interlinking of rivers is a very expensive proposal.

-       The river interlinking project will adversely affect land, forests, biodiversity, rivers and the livelihood of millions of people.

-       The Ken-Betwa link threatens about 200 sq. km of the Panna tiger reserve.

-       Interlinking of rivers will lead to destruction of forests, wetlands and local water bodies, which are major groundwater recharge mechanisms.

-       Less than positive experience that other countries have, like diversion of Amu Darya and the Syr Darya or the Australia’s experiments in its Murray Darling basin.

-       It causes massive displacement of people. Huge burden on the government to deal with the issue of rehabilitation of displaced people.

-       Due to interlinking of rivers, there will be decrease in the amount of fresh water entering seas and this will cause a serious threat to the marine life.

-       The Shah committee pointed out that the linking of rivers will affect natural supply of nutrients for agricultural lands through curtailing flooding of downstream areas.

Reference: https://www.thehindu.com/todays-paper/tp-national/centre-nudging-mp-up-on-ken-betwa/article30072313.ece