Part V: The Union

The Union Judiciary

Article 137: Review of judgments or orders by the Supreme Court

--- Original Article ---

Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

Explanations

Article 137 of the Constitution of India grants the Supreme Court the authority to review its own judgments or orders. This provision ensures a critical mechanism for correcting errors and addressing potential injustices in its decisions. The review process is integral to upholding the principle of justice, allowing the highest court of the country to reconsider its rulings under certain circumstances, thereby ensuring fairness and maintaining the integrity of the judicial process.

Clause-by-Clause Explanation

Review Power of the Supreme Court

Article 137 empowers the Supreme Court to review any judgment or order it has pronounced. This review is contingent on the provisions of laws made by Parliament and rules framed under Article 145 of the Constitution. This power enables the Supreme Court to revisit its decisions if new evidence emerges, or if there is a need to rectify errors that could have influenced the court’s verdict.

Amendments

Though Article 137 itself has not been directly amended, the rules for review petitions have evolved through amendments to laws and procedural rules under Article 145. For example, in 2014, the Supreme Court expanded the scope of review petitions by allowing them in cases where the consequences of a judgment could significantly affect public interest or national security.

Real-Life Examples

• Sabarimala Temple Case (2018): After the Supreme Court's judgment allowing women of all ages to enter the temple, a series of review petitions were filed. While the Court did not overturn its decision, it referred the matter to a larger bench, illustrating the application of Article 137 in addressing complex social and legal issues.
• Nirbhaya Case (2017): A review petition was filed on behalf of the convicts under Article 137, but the Supreme Court rejected the plea, reaffirming its original judgment. This highlights the limited scope of review petitions and the need for strong grounds to merit a review of a prior decision.

Historical Significance

The inclusion of Article 137 in the Constitution reflects the framers' intent to provide an avenue for correction of judicial errors, a critical safeguard in a legal system where decisions by the Supreme Court are final. By allowing the Supreme Court to review its own judgments, the Article upholds the principle that justice should not only be done but also be seen to be done, reinforcing public confidence in the judiciary.

References

• The procedural framework for filing a review petition is governed by the Supreme Court Rules, 1966, and subsequent amendments under Article 145.
• Parliament has enacted laws like the Supreme Court (Review Petitions) Act to provide a statutory basis for review petitions in particular cases.
• Landmark judgment: Rupa Ashok Hurra v. Ashok Hurra (2002), where the Supreme Court held that a curative petition could be entertained only in rare cases after a review petition had been dismissed.

Legislative History

Article 137 of the Indian Constitution, primarily introduced and discussed as article 112A of the Draft Constitution, was ultimately included in the Indian Constitution on June 6, 1949.

Debates and Amendments

In a recent assembly, Dr. B.R. Ambedkar proposed a new article, 112-A, to address a gap in the Draft Constitution, aiming to empower the Supreme Court to reassess its own decisions.

Mr. Santhanam raised concerns about the article, arguing that limiting the Supreme Court's review power through its own rules or Parliamentary laws undermines its authority. He contended the Court should have unfettered power to review its judgments, especially since it has broad authority in other judicial matters.

Dr. Ambedkar clarified that the power to make rules for the Supreme Court is already established in Article 121 and subject to the President's approval. He explained that his proposed amendment to Article 121 includes a clause specifically addressing review procedures, ensuring appropriate regulation.

Ultimately, this article, as proposed by Dr. Ambedkar, was adopted and added to the Constitution, thereby formalizing the Supreme Court's power to review its judgments.