Actual Article
Article 137: Review of judgments or orders by the Supreme Court
Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgment pronounced or order made by it.
UPSC Notes for Article 137
Explanation:
- Power of Review:
- The Supreme Court has the authority to review its own judgments or orders.
- This power is subject to the provisions of laws made by Parliament and rules established under Article 145.
- Purpose of Review:
- The review power is intended to correct any apparent error or oversight in the Court’s judgment or order.
- Ensures justice by allowing rectification of mistakes that might have occurred during the original judgment.
Key Points:
- Judicial Accountability: Allows the Supreme Court to self-correct and ensure its decisions are just and fair.
- Scope and Limitations: The review power is not absolute and is guided by laws and rules framed by Parliament and the Court itself.
- Exceptional Circumstances: Typically invoked in cases of apparent error, miscarriage of justice, or new evidence that could significantly alter the original judgment.
Important Cases and Commissions Related to Article 137
Cases:
- Rupa Ashok Hurra vs. Ashok Hurra (2002): The Supreme Court clarified the scope of its review power, stating it can only be exercised to correct “patent errors” and “gross injustice.”
- Laxmi Devi vs. State of Bihar (2015): Reaffirmed that the review petition must demonstrate a clear error on the face of the record.
Commissions:
- Law Commission of India: Reports have discussed the necessity and limitations of the review power to ensure it is not misused and remains a tool for ensuring justice.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended clear guidelines and rules for the exercise of the review power to prevent frivolous petitions.
Previous Year Prelims Questions Related to Article 137
- (UPSC Prelims 2017) Which Article of the Indian Constitution provides the Supreme Court with the power to review its own judgments?
- A. Article 136
- B. Article 137
- C. Article 138
- D. Article 139 Correct Answer: B. Article 137
- (UPSC Prelims 2019) The power of the Supreme Court to review its own judgments or orders is subject to:
- A. The discretion of the Chief Justice of India
- B. Provisions of any law made by Parliament or rules under Article 145
- C. Approval from the President
- D. Recommendations from the Attorney General Correct Answer: B. Provisions of any law made by Parliament or rules under Article 145
Previous Year Mains Questions Related to Article 137
- Mains 2016: “Discuss the significance of Article 137 in the context of judicial accountability and self-correction by the Supreme Court. How does this provision enhance the administration of justice?”
- Mains 2019: “Analyze the circumstances under which the Supreme Court can exercise its power of review under Article 137. How does this power balance the finality of judgments with the need for justice?”
Additional Insights:
- Ensuring Fairness: Article 137 ensures that the Supreme Court can address any errors or injustices in its judgments, promoting fairness in the judicial process.
- Checks and Balances: By allowing the Court to review its decisions, Article 137 adds a layer of checks and balances within the judiciary itself.
- Limited Use: The power of review is used sparingly to maintain the finality and authority of Supreme Court judgments, ensuring it is a tool for correcting significant errors rather than routine reconsideration.
Understanding Article 137 is crucial for UPSC aspirants as it outlines the Supreme Court’s power to review its own judgments and orders, ensuring judicial accountability and the rectification of errors. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support judicial self-correction and the administration of justice in India.