Review Jurisdiction of Supreme Court of India: Article 137

20 Pages Posted: 2 Nov 2012

Date Written: April 4, 2012

Abstract

Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it. Under Supreme Court Rules, 1966 such a petition is to be filed within thirty days from the date of judgment or order and as far as practicable; it is to be circulated, without oral arguments, to the same Bench of Judges who delivered the judgment or order sought to be reviewed.

Under Article 145(e), the Supreme Court is authorized to make rules as to the conditions subject to which the court may review any judgement or order. In exercise of this power, Order XL has been framed.

The word “Review” in legal parlance connotes a judicial re-examination of the case. Therefore, in order to rectify an error and prevent the gross miscarriage of justice, a provision for review has been laid down under the Section 114 of the Code of Civil Procedure which gives a substantive right of review and Order XLVII there under provides for the procedure.

Review Petition is dealt with under Section 114 and Order 47 of the CPC. Any party aggrieved by an order or judgement may apply for reviewing the said order or judgement to the same court. It can be filed where no appeal is preferred or in case there is no provision for appeal. Review Petition is a discretionary right of court. The grounds for review are limited. Review is filed in the same court.

Keywords: Review Jurisdiction, Supreme Court of India, Doctrine of Curative Petition

Suggested Citation

Choudhury, Abhisek, Review Jurisdiction of Supreme Court of India: Article 137 (April 4, 2012). Available at SSRN: https://ssrn.com/abstract=2169967 or http://dx.doi.org/10.2139/ssrn.2169967

Abhisek Choudhury (Contact Author)

affiliation not provided to SSRN ( email )

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