Any judgment passed by the Supreme Court is final and binding in nature. Under Article 137 of the Indian Constitution, the Supreme Court can review its own judgements or orders. A review has a limited purpose and is different from an appeal. A party is not entitled to seek a review of a Supreme Court judgement merely to get a rehearing and a fresh decision of the case.
What is the procedure for review?
Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is however subject to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by parliament. Further, as per the Supreme Court Rules, 2013 (XLVII.2) a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.
Parties looking to challenge a judgment must file a review petition within thirty days of its pronouncement.
Primarily, there are two key reasons for the Supreme Court to review the judgement-
- Discovery of new and important matter
- An apparent mistake
The purpose of review petition is to not interrupt the finality but to remove the error. In Northern India Caterers (India) v Lt. Governor Of Delhi, Supreme Court remarked that, “A plea for review, unless the first judicial view is manifestly distorted, is like asking for the moon.”
Difference between review and appeal
A court’s power to examine a review differs from its power to hear appeals. Unlike a review, a case is reheard in an appeal. In the case of Parsion Devi vs. Sumitri Devi, Supreme Court dismissed a review petition, stating that the scope of review is limited and a party will not be permitted to reargue the questions which have already been decided. In simple words, a review cannot be allowed to be ‘an appeal in disguise.’
Can a party seek further review?
In the case of Rupa Ashok Hurra vs Ashok Hurra, the Supreme Court provided the remedy of ‘curative petition’. This can be heard after a review is dismissed. A curative petition is also entertained only in exceptional circumstances.