Article 137 of the Costitution of India with Case law
📜 Article 137 of the Constitution of India – Review of Judgments or Orders by the Supreme Court
✅ Text of Article 137:
"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."
🧠 Explanation:
Article 137 gives the Supreme Court of India the power to review its own judgments or orders.
This is an exception to the general principle of functus officio, which means once a court has decided a matter, it cannot reopen it.
Review power ensures correctness of justice and prevents miscarriage of justice.
📌 Key Provisions Connected to Article 137:
| Article | Subject |
|---|---|
| Article 145 | Empowers the Supreme Court to frame its own rules (like Review petitions) |
| Order XLVII of CPC | Governs review powers in civil matters (applied with SC rules) |
| Supreme Court Rules, 2013 | Provide procedure for filing review petitions |
⚖️ Important Case Laws on Article 137:
1. Rupa Ashok Hurra v. Ashok Hurra & Anr.
Citation: (2002) 4 SCC 388
Issue: Can a curative petition be filed after a review is dismissed?
Held:
A curative petition (a concept evolved by the court) may be filed after dismissal of a review in rarest of rare cases.
But Article 137 does not automatically permit curative petitions — they are court-invented remedies.
2. P.N. Eswara Iyer v. Registrar, Supreme Court
Citation: (1980) 4 SCC 680
Held:
A review cannot be treated as an appeal.
Must show error apparent on the face of the record.
3. Union of India v. Sandur Manganese & Iron Ores Ltd.
Citation: (2013) 8 SCC 337
Held:
Review is not an appeal in disguise.
Grounds: (i) mistake/error apparent on record, (ii) discovery of new evidence, (iii) any other sufficient reason.
4. Lily Thomas v. Union of India
Citation: (2013) 7 SCC 653
Held:
Review cannot be claimed as a right; it is the discretion of the Court.
Finality of judgment is a constitutional value.
🏛️ Conditions for Review under Article 137:
According to Order XLVII Rule 1 (read with SC rules), review may be sought only on:
Error apparent on the face of the record
Discovery of new and important matter or evidence
Any other sufficient reason
📝 Summary Table:
| Feature | Description |
|---|---|
| Who can review? | Supreme Court of India |
| Grounds? | Error on record, new evidence, sufficient reason |
| Finality? | Review is limited; decision after review is generally final |
| Curative Petition? | Permitted after review (evolved judicially) |
| Related Article | Article 145 (SC Rules), Order XLVII CPC |
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