Case Title: Rupa Ashok Hurra vs Ashok Hurra&Anr

BENCH: S.P.BharuchaCji, S.S.M.Quadri, U.C.Banerjee, S.N.Variava, S.V.Patil

DATE OF JUDGMENT: 10/04/2002

Held by The Court :In order to prevent the abuse of power and process of
justice delivery system, Supreme Court might reconsider the judgment or
decree passed by it in the way of Curative Petition.Hence the court laid
down the precise guidelines for filing the curative petition and shall contain
a certification by a senior advocate concerning the fulfilment of
requirements before filing the curative petition. There are12 Schedulesin
Indian Constitution. One of the first mentions of Schedules was made in
the Government of India Act, 1935 where it included 10 Schedules. Later,
when the Indian Constitution was adopted in 1949, it consisted of 8
Schedules.
• Schedule 3 of Indian Constitution-
• Main Provisions:-The third Schedule contains the Forms of Oaths
or Affirmations of the following constitutional posts:
• Union Ministers of India - Article 75(4)
• Parliament Election Candidates0.
• Members of Parliament (MPs) - Article 99
• Supreme Court Judges - - Article 124(6)
• Comptroller and Auditor General - Article 148(2)
• State Ministers - Article 164(3)
• State Legislature Elections’ Candidates
• State Legislature Members - Article 188
• High Court Judges - Article 219
• The rationale for placing a schedule 3 in the constitution of India is
to give a detailed account of forms of Oaths or Affirmations of the
various constitutional posts which cannot be defined in the
respective articles in the constitution due to its detailed nature.
• There are 23 parts in indian constitution. Originally, there were 22
parts and 395 articles in the Constitution of India. As of 2021, there
are 25 parts in the Constitution of India with 448 articles.
•
• Part 12 of Indian constitution:-Part XII of constitution of India is a
compilation of laws pertaining to Finance, Property, Contracts and
Suits for Republic of India.
•
• Finance-Articles 264 - 291 on Finance (Articles 264 - 267 - General;
Articles 268 - 281 - Distribution of Revenues between the Union and
the States; Articles 282 - 291 - Miscellaneous Financial Provisions )
• Borrowing-Articles 292 – 293Property, Contracts, Rights, Liabilities,
Obligations and Suits:-Right to Property:-Articles 294 – 300
• How many amendment in indian constitution-105 amendments- As
of October 2021, there have been 105 amendments of the
Constitution of India since it was first enacted in 1950
• The amendment 83 of Indian constitutional-The 83rd amendment to the
Indian constitution was approved in the year 2000. As a result of this
modification, Article 243M of the Indian Constitution was altered to
remove the state of Arunachal Pradesh, which is exclusively made up of
members of tribal societies, from the need that reservation of seats is
established in Panchayats for members of SC or ST. The state’s former
name, Arunachal Pradesh, was renamed to Arunachal Pradesh Tribal
Development Council under the new law.
• On December 16, 1999, Sunder Lal Patwa put up this legislation.
• This piece of legislation is referred to by its formal title, which is the
Constitution (Eighty-third Amendment) Act of 2000.
• The Assembly of the Indian Republic approved Amendment No. 83 to the
Indian Constitution in its 51st year of existence.
• This amendment was enacted on 8th September 2000.
• Rupa Hurra vs. Ashok Hurra case is known for matrimonial dissension,
however when the subject of the legitimacy of a pronouncement of
divorce arrived at the Honourable Supreme Court of India and the lady
pulled out her consent that she concurred while surrendering to divorce
through mutual consent, significant inquiries of law emerged.