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Published 11 Aug, 2023 01:03pm

What was Supreme Court (Review of Judgments and Orders) Act

The Supreme Court (Review of Judgments and Orders) Act was passed in May this year. It expanded the jurisdiction of the court by giving a right to appeal under Article 184(3), which grants the top court powers to issue an order if it considers a question of public importance with reference to the enforcement of fundamental rights involved.

The Act had seven clauses

Title: Supreme Court (Review of Judgments and Orders) Act

Enlargement of jurisdiction of the Supreme Court: In case of judgments and orders of the Supreme Court in exercise of its original jurisdiction under Article 184 of the Constitution, the scope of review on both facts and law, shall be the same as an appeal under Article 185, which deals with the appellate jurisdiction of Supreme Court, of the Constitution.

Larger bench: A review petition shall be heard by a bench than the bench which passed the original judgment or order.

Right to appoint counsel: The review petitioner shall have the right to appoint any advocate of the Supreme Court of his choice for the review petition.

Judgment and orders made prior to commencement of this Act: The right to file a review petition shall also be to an aggrieved person against whom an order has been made under clause (3) of Article 184 of the Constitution, prior to the commencement of this Act:

Provided that the review petition under this section shall be fixed within 60 days of the commencement of this Act.

Limitation: A review petition may be filed within 60 days of the passing of the original order.

Act to override other laws etc: The provisions of this Act shall have effect notwithstanding anything contained in any other law, rules or regulations for the time being in force or judgment of any court including the Supreme Court and a High Court.

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