REVIEW OF JUDGMENTS OR ORDERS BY THE SUPEREME COURT

A project submitted in partial fulfilment of the course Constitutional Law-

II , 6th SEMESTER during the academic year 2018-2019

SUBMITTED BY:
KHUSHBU KUMARI
ROLL NO- 1533
B.A. LL.B.

SUBMITTED TO:
Prof. Dr. Anirudh Prasad
FACULTY OF CONSTIUTIONAL LAW

FEBRUARY, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
 INTRODUCTION

Under Art. 137 , the Supreme Court has power to review any judgment pronounced or order
made by it. But this special power is, however, exercisable in accordance with, and subject to
any parliamentary legislation and rules made by the court itself under its rule making power.
The Supreme Court while taking note of atrocious delay in disposal of the criminal petition,
refused to remit matter to High Court and hear the matter itself.

Supreme Court possesses power to correct a judgment in a curative petition if parameters

laid down in Rupa Ashok Hurra v. Ashok Hurra are satisfied.

It is not for the court to tender any explanation to any litigant and his counsel. Hence, it
should never be consider obligatory on the court to tender any such explanation. If a part
feels that a serious mistake has been committed, a party can seek review of order under Art.
137 or file a curative petition after its rejection.

The accuse allegedly not provide with well experience advocate during trial , but it was held
that there was no compelling circumstances so as to indicate error apparent of face or record.
At this belated stage of review, question of lack of legal representation at the trial stage acn
not be considered. No case is made out under the Art. 137 of the Constitution requiring
reconsideration of the impugned judgment and order.

Power to review its judgments has been conferred on the Supreme Court by article 137 of the
Constitution, and that power is subject to the provisions of any law made by Parliament or the
rules under article 145.

In a civil proceeding, an application for review is entertained only on a ground mentioned in

Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding on the
ground of an error apparent on the face of the record (Order XL, Rule 1 of the Supreme Court
Rules, 1966).
Depending upon the grounds, it is the discretion of the Supreme Court to hear review petition
in open court or to dispose of it by the circulation.
 AIMS AND OBJECTIVES

1. To study about the Review power of the Supreme Court.

2. To study about the jurisdiction and power of the Supreme Court.

HYPOTHESES

The researcher considers the following hypotheses:

1. Art.137, the Supreme Court has power to review any judgment pronounced or
order made by it.
2. Review petition can only allowed by the Supreme Court on the ground of apparent
on face of record on being pointed out by the parties to the satisfaction of
Supreme court.

RESEARCH METHODOLOGY

For this study, primary research method has utilised. Various articles, e-articles, reports and
books from library has used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Power to Review of Supreme Court
3. Curative Petition
4. Differences between Art.136 and Art.137
5. Conclusion
 BIBLIOGRAPHY

Book:

1. M.P Jain, “Indian Constitutional law” Lexis Nexis ( Eight edition, 2018)
2. Dr. Durga Das Basu, “ Introduction to the Constitution India” Lexis Nexis