The Hindu Editorial Summary Topic-1 :  Curative Petition in India

GS-2 Main Exam

Revision Notes

Question : Discuss the significance of the Curative Petition in ensuring justice and preventing miscarriage of justice in India’s legal system. How does it serve as a last resort legal recourse after the dismissal of a review plea?

What is a Curative Petition?

• A last resort legal recourse available after dismissal of a review plea against a final conviction.
• Established by Supreme Court in Rupa Ashok Hurra Vs Ashok Hurra & another Case, 2002.
• Aims to prevent miscarriage of justice and deter abuse of legal process.

Criteria for Entertaining a Curative Petition

• Breach of principles of natural justice (e.g., not being heard by court).
• Grounds to suspect bias on the part of the judge (e.g., failing to disclose facts).

The Guidelines

• Requires certification from a senior advocate highlighting substantial grounds.
• Circulated to a bench of senior-most judges and judges who passed the original judgement.
• Supreme Court may appoint amicus curiae to assist.
• Frivolous petitions may incur exemplary costs.
• Curative petitions should be rare to maintain judicial integrity.

Constitutional Provisions

• Guaranteed under Article 137 of the Indian Constitution.
• Linked to Article 145 on making laws and rules (Supreme Court’s authority to review judgements).

Special Powers of Supreme Court

• Dispute Resolution (Article 131)
• Discretionary Jurisdiction (Article 136)
• Advisory Jurisdiction (Article 143)
• Contempt Proceedings (Articles 129 & 142)

Conclusion

• Curative petitions are a novel concept for achieving justice.
• May create inconsistencies in judicial system and delays in verdicts (e.g., Nirbhaya case).
• Can potentially allow criminals to escape punishment.

 

 

The Hindu Editorial Summary Topic-2 : VVPATs in India

GS-2 Main Exam

Revision Notes

Question : Discuss the significance of Voter Verifiable Paper Audit Trail (VVPAT) machines in enhancing the credibility of the electoral process in India. How do they contribute to increased voter confidence and reduced risk of electoral fraud?

What are VVPATs?

• Voter Verifiable Paper Audit Trail (VVPAT) machines are attached to Electronic Voting Machines (EVMs).
• They print a paper slip showing the voter’s choice for verification.

How VVPATs work:

• Voters select their candidate on the EVM.
• Simultaneously, VVPAT generates a paper receipt showing the chosen candidate.
• Voters can verify the receipt for 7 seconds before it is deposited in a secured box.
• Paper receipts serve as a physical record of votes cast.

Benefits of VVPATs:

• Increased voter confidence in the electoral process.
• Reduced risk of electoral fraud.
• Paper trail allows for audits and verification of electronic results.

Election Commission’s Stance:

• Current practice of verifying VVPATs from 5 polling stations per assembly seat is sufficient.
• No cases of vote misattribution detected in past VVPAT checks.
• 100% VVPAT verification is time-consuming and error-prone.

Conclusion:

• Balancing efficiency and voter confidence is a challenge for the Election Commission.
• VVPATs play a role in ensuring electoral integrity in India.