Recent from talks
Nothing was collected or created yet.
Review petition
View on Wikipedia
In India, a binding decision of the Supreme Court/High Court can be reviewed in review petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis.[1][need quotation to verify]
Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.[2][3]
It is not necessary for the court to accept every review petition.[4] Court may accept review petition only if it is filed on sufficient grounds which are:
- The discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made
- On account of some mistake or error apparent on the face of the record
- Any other sufficient reason
Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice.[2]
While a civil review petition can be moved in accordance with Order XLVII, Rule 1(1) of the Code of Civil Procedure, 1908 a criminal review petition can be moved only on the ground of an error apparent on the face of the record. (Source: CPC, 1908 and CRPC, 1973)
Prominent cases
[edit]Dowry harassment case
[edit]This section needs expansion. You can help by adding missing information. (March 2012) |
IPC 498a review-On 23 April 2018, the Supreme Court heard arguments and reserved its judgement on a review petition filed against an earlier order of the Court which had outlawed immediate arrests under this provision of IPC 498a.On 14 September 2018, it set aside the earlier judgement and left it to the parliament to enact suitable guidelines.
2G spectrum case
[edit]On 2 March 2012, Govt of India filed a review petition in Supreme Court seeking partial review of the court's 2 February 2012 order which had quashed 122 licenses.[5] The Govt questioned Supreme Court's authority over ruling against the first-come first-served policy but stayed away from challenging the cancellation of 122 licences issued during the tenure of A Raja as Telecom Minister.[6] On the same day Sistema, majority shareholder in MTS India, too filed a review petition in Supreme Court.[7] The Supreme Court on 4 April 2012 accepted to hear Government's review petition on limited grounds and dismissed all other 10 review petitions.[8] Later on the Government of India applied for the withdrawal of the review petition and same was accepted by the Supreme Court of India[9]
NEET Case
[edit]On 18 July 2013, a 3-judge division bench of the SC by a 2:1 majority verdict had quashed National Eligibility Cum Entrance Test for admission to undergraduate medical/dental courses and Postgraduate medical/dental courses. The government of India subsequently filed a review petition. The Supreme Court agreed to hear the review petition on 23 October 2013. It recalled the 18 July order on 11 April 2016 and allowed the government to conduct NEET for admission to Undergraduate and Postgraduate medical and dental courses in the meantime. It decided to hear afresh on the validity of NEET. Another 3-judge bench of the Supreme Court after a fresh hearing upheld NEET by its judgement dated 29 April 2020.
Vodafone-Hutchison Tax Case
[edit]On 17 February 2012, Govt of India moved the Supreme Court seeking a review of its verdict holding that the Indian Income Tax Department does not have jurisdiction to impose Rs.11,000 crore as tax on the overseas deal between Vodafone and Hutchison.[10][11][12] On 20 March 2012, SC dismissed the review petition during an in-chamber proceeding saying the petition has no merit.[13][14]
Mayawati disproportionate assets case
[edit]On 4 October 2012, based on a review petition filed by a person named Kamlesh Verma, the Supreme Court decided to review its earlier verdict in open court in a disproportionate assets case against Mayawati.[15][16][17] The case dates back to 2003 when CBI filed a case against Mayawati for owning assets disproportionate to her known sources of income. Mayawati described the CBI investigation against her as illegal.[18] The assets case was finally quashed on 6 July 2012—nine years later—by the Supreme Court; the court found that the case was unwarranted.[19] The CBI decided not to file an appeal.[20]
See also
[edit]References
[edit]- ^ When review petition can be filed in high court and supreme court
- ^ a b "Supreme Court of India Manual of Office Procedure" (PDF). Supreme Court of India. Retrieved 3 March 2012.
- ^ "Jurisdiction of the Supreme Court". Supreme Court of India. Archived from the original on 6 March 2012. Retrieved 3 March 2012.
- ^ "Review Petition to Supreme Court under Article 137 of the Constitution of India| Order 47 CPC| Download format". www.aaptaxlaw.com. Retrieved 4 May 2022.
- ^ "Economic Times". Economic Times. 3 March 2012.
- ^ "2G verdict: Auction can't be only way to allot natural assets, government says". Times of India. 3 March 2012.
- ^ "2G licences cancellation: Sistema files review petition in Supreme Court". Economic Times. Archived from the original on 22 May 2012.
- ^ "2G spectrum scam: Supreme Court dismisses all but one review petition Close". Economic Times. 4 April 2012.
- ^ "Supreme Court accepts Centre's petition to withdraw review of 2G judgement".
- ^ "Govt seeks review of Vodafone tax verdict". 18 February 2012. Retrieved 19 March 2012.
- ^ "Centre seeks review of Vodafone verdict". 18 February 2012. Retrieved 19 March 2012.
- ^ "Govt seeks review of Vodafone tax case verdict". 17 February 2012. Retrieved 19 March 2012.
- ^ "Second slap: SC junks govt's Vodafone review petition". First Post. 20 March 2012. Retrieved 20 March 2012.
- ^ "SC dismisses govt's review petition on Vodafone tax verdict". Indian Express. 20 March 2012. Retrieved 20 March 2012.
- ^ "SC order on Review Petition (CRL.) No(s). 453 OF 2012". Supreme Court of India. Retrieved 4 October 2012.
- ^ "SC agrees to hear review of quashing of Mayawati DA case". DNA. 4 October 2012. Retrieved 4 October 2012.
- ^ "SC to hear review of quashing of Mayawati's assets case". Rediff.com. 4 October 2012. Retrieved 4 October 2012.
- ^ Hasan, Masoodul (21 April 2010). "CBI probe in DA case illegal: Mayawati". Hindustan Times. Archived from the original on 22 October 2012. Retrieved 17 June 2012.
- ^ "Court quashes FIR in Mayawati assets case". The Hindu. Chennai, India. 6 July 2012. Archived from the original on 8 July 2012. Retrieved 25 August 2023.
- ^ "Assets case: Relief for Mayawati as CBI admits defeat". The Indian Express. 1 August 2012. Retrieved 1 August 2012.
Review petition
View on GrokipediaLegal Framework
Constitutional and Statutory Basis
The power of the Supreme Court of India to review its own judgments or orders derives from Article 137 of the Constitution, which states: "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."[6] This provision establishes a plenary review jurisdiction, enabling the Court to reconsider decisions to correct errors, though it is not an inherent common-law power but one explicitly conferred by the Constitution.[7] Article 137 operates alongside Article 145, which empowers the Supreme Court to frame rules for regulating its practice and procedure, including review applications, ensuring procedural uniformity.[8] In civil proceedings, this constitutional authority is statutorily delineated by Section 114 and Order XLVII of the Code of Civil Procedure, 1908 (CPC), which apply to the Supreme Court via the Supreme Court Rules, 2013.[9] Section 114 provides that "any person considering himself aggrieved... by a decree or order from which an appeal is allowed but from which no appeal has been preferred... may apply for a review of judgment to the Court which passed the decree or made the order."[9] Order XLVII, Rule 1, further restricts review to specific grounds: (i) discovery of new and important evidence not known or obtainable earlier despite due diligence; (ii) any mistake or error apparent on the face of the record; or (iii) any other sufficient reason analogous to the foregoing.[9] These limitations prevent review from serving as a substitute for appeal, confining it to patent errors rather than reappreciation of evidence or arguments.[10] The Supreme Court Rules, 2013, under Order XLVII, operationalize these provisions by mandating that review petitions be filed within 30 days of the judgment, circulated before the same bench (or a successor), and disposed of without oral arguments unless the Court directs otherwise.[3] This framework ensures reviews are exceptional, with the Court entertaining them sparingly to uphold finality of judgments while addressing manifest injustices.[11] In non-civil matters, such as writ petitions under Article 32, the Court's review power under Article 137 remains broad but is guided analogously by principles of error correction, without strict adherence to CPC grounds.[12]Scope and Grounds for Review
The scope of a review petition in the Supreme Court of India is narrowly circumscribed to prevent it from functioning as an appeal in disguise, confining judicial scrutiny to the specific judgment or order under challenge rather than a de novo examination of the entire case merits. Under Article 137 of the Constitution, the Court possesses the power to review any judgment pronounced by it, subject to the provisions of any law made by Parliament or rules adopted by the Court, which limits review to exceptional circumstances where the original decision exhibits fundamental flaws. This scope excludes re-appreciation of evidence or arguments already considered, emphasizing finality in judicial pronouncements while allowing correction of patent errors. The primary grounds for entertaining a review petition mirror those outlined in Order XLVII Rule 1 of the Code of Civil Procedure, 1908, which the Supreme Court applies mutatis mutandis through its inherent powers: first, the discovery of new and important matter or evidence that, despite the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced at the time of the original hearing; second, any mistake or error apparent on the face of the record, which must be self-evident and not require elaborate argumentation to discern; and third, any other sufficient reason, interpreted restrictively to encompass analogous situations akin to the first two limbs, such as jurisdictional errors or procedural irregularities vitiating the decision. Errors apparent on the record typically include arithmetical mistakes, inadvertent omissions, or misapplications of law that are obvious upon mere perusal, excluding debatable interpretations or points requiring fresh evidence. Courts have consistently held that "any other sufficient reason" does not extend to mere dissatisfaction with the outcome or novel arguments overlooked in the original proceedings, as affirmed in precedents like Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (1980), where the ground was deemed analogous only if it shares the essence of patent error or undiscoverable evidence. Review jurisdiction thus prioritizes procedural justice over substantive re-litigation, with the petitioner bearing the onus to demonstrate prima facie grounds in the application itself, often evaluated by circulation among judges without oral hearings unless exceptional. This framework ensures reviews are rare, constituting less than 1% of successful petitions historically, underscoring their role as a safety valve rather than a routine recourse.Historical Development
Origins in Indian Jurisprudence
The review jurisdiction in Indian civil courts was codified for the first time under Section 114 of the Code of Civil Procedure, 1859, enacted by the British Parliament to consolidate and amend procedural laws for civil judicature in India.[13] This provision granted courts the authority to review their own decrees or orders where no appeal lay or to address specific errors, marking a departure from prior fragmented local customs and regulations that lacked uniform remedial mechanisms.[13] The grounds for review, as outlined, included discovery of new and important matter or evidence not known earlier despite due diligence, mistake or error apparent on the record, or any other sufficient reason analogous to the foregoing.[14] This statutory framework evolved through amendments and reenactments, with the Code of Civil Procedure, 1882, retaining and refining the review power before its comprehensive restatement in the Code of Civil Procedure, 1908, under Section 114 read with Order 47.[15] Order 47, Rule 1 of the 1908 Code explicitly limits review to circumstances preventing a full rehearing, emphasizing its role as an exceptional remedy to avert miscarriage of justice rather than a substitute for appeal.[16] Pre-independence High Courts, established via the Indian High Courts Act, 1861, exercised this jurisdiction in civil matters, applying it sparingly to correct patent errors while upholding finality in judgments.[13] The doctrine transitioned into independent India's constitutional framework with Article 137 of the Constitution, effective from January 26, 1950, which empowers the Supreme Court to review its judgments subject to parliamentary laws and rules under Article 145.[7] Draft Article 112A, the precursor to Article 137, was debated in the Constituent Assembly on June 6, 1949, reflecting intent to embed corrective authority akin to CPC principles while adapting it for the apex court's appellate role.[7] Supreme Court Rules, 2013 (Order XLVII), incorporate CPC grounds, ensuring review remains confined to errors apparent on the record, new evidence, or analogous reasons, without reappreciating facts or merits.[3] This continuity underscores review's foundational purpose in Indian jurisprudence: preserving judicial integrity through limited self-correction, inherited from colonial codification and constitutionally affirmed.[2]Key Judicial Precedents Shaping Review
In Thungabhadra Industries Ltd. v. Government of Andhra Pradesh (1964), the Supreme Court held that review under Article 137 is permissible only for errors apparent on the face of the record, defined as those self-evident defects requiring no elaborate argument or re-examination of evidence. The Court rejected the petitioner's attempt to revisit the merits, affirming that review does not equate to an appeal and must preserve the finality of judgments unless a patent mistake undermines justice.[17] The principles were further refined in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (1980), where the Court dismissed review petitions challenging its interpretation of sales tax liability on restaurant services. It ruled that review lies solely for discovery of new evidence unavailable earlier through due diligence or correction of errors apparent on the record, not for re-agitating disputed facts or legal interpretations, thereby preventing review from serving as a surrogate appeal.[18] A Constitution Bench in Kamlesh Verma v. Mayawati (2013) synthesized prior precedents, applying the grounds under Order XLVII Rule 1 of the Code of Civil Procedure analogously to Supreme Court reviews: (i) discovery of new and important evidence not obtainable earlier; (ii) mistake or error apparent on the face of the record; or (iii) any other sufficient reason akin to the first two, interpreted restrictively to avoid undermining finality. The Court dismissed the petition against quashing an FIR, holding that mere potential for alternative arguments or deeper analysis does not qualify as an apparent error. These rulings collectively circumscribe review as an exceptional remedy, confined to manifest judicial oversights, and have consistently guided the Court in rejecting petitions that seek substantive re-litigation.Procedural Aspects
Filing and Timeline Requirements
A review petition in the Supreme Court of India is filed as a formal application under Article 137 of the Constitution, invoking the Court's inherent power to review its judgments or orders, and is governed procedurally by Order XLVII of the Supreme Court Rules, 2013.[19] The petition must be presented by the aggrieved party or their duly authorized advocate-on-record, specifying the precise grounds for review, such as discovery of new and important evidence not previously available despite due diligence, mistake or error apparent on the face of the record, or any other sufficient reason akin to the aforementioned.[19] It requires accompaniment by a certified copy of the impugned judgment or order, an affidavit verifying the petition's facts and grounds, and, if applicable, copies of documents supporting new evidence or the error claimed.[19] Petitions filed by non-parties to the original proceedings must additionally include certified copies of prior orders denying their impleadment.[19] The timeline for filing mandates submission within 30 days from the date of the judgment or order sought to be reviewed, as stipulated in Rule 2 of Order XLVII of the Supreme Court Rules, 2013, and aligned with Article 124 of the Limitation Act, 1963, which prescribes a 30-day period for review applications in both civil and criminal matters.[19] [3] This limitation applies uniformly, though courts may condone delays upon demonstration of sufficient cause, such as unavoidable circumstances preventing timely filing, evaluated on a case-by-case basis without extending the period arbitrarily.[20] For e-filing, which is now standard via the Supreme Court's portal, the petition must comply with digital formatting requirements, including PDF uploads not exceeding specified file sizes, and registration with the Registry for defects scrutiny before listing.[21] Upon filing, the petition undergoes preliminary scrutiny by the Registry for compliance with formalities, including verification of limitation and jurisdictional grounds; defective petitions may be returned for rectification within a stipulated time, failing which they are deemed abandoned.[22] If admitted, it is circulated to the judges who delivered the original judgment for disposal, typically without oral hearings unless ordered otherwise, emphasizing the exceptional nature of review as a corrective mechanism rather than a routine rehearing.[19] Non-compliance with filing protocols, such as vague grounds or untimely submission without condonation, results in dismissal at the threshold, underscoring the strict procedural rigor to prevent abuse of the process.[3]Hearing and Decision-Making Process
The review petition, once filed and registered under Article 137 of the Constitution read with Order XLVII of the Supreme Court Rules, 2013, is assigned to the same bench that delivered the original judgment, insofar as practicable, to ensure continuity in evaluation.[3][11] If the original judges are unavailable due to retirement, transfer, or other reasons, the Chief Justice of India may constitute a fresh bench, but the process prioritizes institutional familiarity with the case record.[23] This assignment occurs automatically upon registration, without requiring a separate miscellaneous application for listing.[3] Hearings for review petitions are predominantly conducted in chambers through circulation of the petition and supporting documents to the assigned judges, obviating the need for oral arguments in the vast majority of cases.[3][1] This closed-door procedure, akin to an internal scrutiny, aims to filter frivolous claims efficiently while conserving judicial resources; open-court hearings are exceptional and granted only if the bench identifies a prima facie error warranting elaboration or if substantial injustice is evident from the papers.[24][25] Parties are not routinely notified of chamber deliberations, and decisions are pronounced via orders uploaded on the Supreme Court's website, often without detailed reasoning unless the petition advances to oral hearing.[5] The decision-making hinges on a narrow assessment under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (as adapted by Supreme Court Rules), permitting review solely for discovery of new and important evidence unavailable earlier despite due diligence, apparent errors on the face of the record, or analogous grounds evincing miscarriage of justice.[26][3] Unlike appeals, it does not permit reappreciation of evidence or relitigation of merits; the bench must affirmatively discern a patent mistake or oversight, such as misapplication of law or overlooked binding precedent, without deference to alternative interpretations.[27][28] Decisions are rendered by majority vote among the bench members, with dissenting opinions occasionally recorded if the matter proceeds to open court.[3] If dismissed, the original judgment stands unaltered, precluding further review on the same grounds; allowance, though rare (with dismissal rates exceeding 95% in reported cases), results in recall, modification, or reversal of the impugned portions, potentially leading to fresh adjudication on delimited issues.[5][3] In criminal matters, review may extend to rectifying errors causing grave injustice, but procedural safeguards ensure finality, as affirmed in precedents emphasizing review's extraordinary nature.[3][29]Distinctions from Other Remedies
Review vs. Appeals and Revisions
In the context of Indian judicial remedies, a review petition under Article 137 of the Constitution enables the Supreme Court to reconsider its own judgments or orders solely on grounds of errors apparent on the face of the record, discovery of new and important evidence unavailable earlier despite due diligence, or any other sufficient reason analogous to these.[3] This intra-court mechanism, governed by Order XLVII of the Supreme Court Rules, 2013, does not permit a reappraisal of the case's merits or a fresh hearing on disputed facts, emphasizing correction of patent mistakes rather than substantive reevaluation.[3] Appeals, by contrast, constitute a statutory right to challenge the correctness of a decision on both facts and law before a higher or appellate forum, allowing for a de novo examination of evidence and arguments.[30] In the Supreme Court, appellate jurisdiction arises under Articles 132 to 136, such as appeals from High Court judgments involving substantial questions of law (Article 132) or civil matters exceeding specified values (Article 133), often requiring a certificate of fitness or special leave under Article 136.[31] Unlike reviews, appeals involve inter-court transfer and comprehensive scrutiny, potentially altering the outcome based on perceived errors in reasoning or application, as seen in provisions like Section 96 of the Code of Civil Procedure, 1908, for first appeals from decrees.[30] Revisions under Section 115 of the Code of Civil Procedure, 1908, differ as a supervisory power vested in High Courts to intervene in subordinate court proceedings where there is jurisdictional excess, failure to exercise jurisdiction, or material irregularity in procedure, without probing the merits or reweighing evidence.[32] This inter-court remedy, discretionary and aimed at ensuring procedural fairness rather than substantive justice, cannot be invoked against appellate orders or where an appeal lies, and it excludes revisional jurisdiction over the Supreme Court's decisions.[33] In essence, reviews correct self-evident flaws within the originating court, appeals enable merits-based challenges across courts, and revisions maintain hierarchical oversight on jurisdictional propriety. The following table summarizes key distinctions:| Aspect | Review Petition | Appeal | Revision |
|---|---|---|---|
| Governing Provision | Article 137, Constitution; Order XLVII, Supreme Court Rules | Articles 132-136, Constitution; Sections 96-100, CPC | Section 115, CPC |
| Court Involved | Same court (intra-court) | Higher or appellate court (inter-court) | Higher court over subordinate (inter-court) |
| Scope and Grounds | Errors apparent on record; new evidence; analogous reasons | Merits, facts, law, and evidence | Jurisdictional errors; material irregularity; procedural lapses |
| Nature | Limited, discretionary; no merits re-hearing | Comprehensive, statutory right; full re-examination | Supervisory, discretionary; no merits interference |
| Purpose | Rectify patent mistakes | Challenge decision's validity | Ensure jurisdictional and procedural correctness |
Review vs. Curative Petitions
In the Supreme Court of India, review petitions and curative petitions represent sequential yet distinct remedies for challenging final judgments, with reviews serving as the primary statutory mechanism and curatives as an exceptional judicial innovation to avert irremediable injustice. Review petitions, enabled under Article 137 of the Constitution read with Order XLVII of the Code of Civil Procedure, 1908, permit the court to re-examine its own decisions upon a demonstration of an error apparent on the face of the record, discovery of new and important evidence unavailable earlier despite due diligence, or any other sufficient reason akin to those under Section 114 of the Code.[34] These grounds are narrowly construed to prevent routine relitigation, emphasizing manifest errors rather than mere disagreement with the reasoning or reappreciation of evidence.[35] Curative petitions, by contrast, emerged from the Supreme Court's equitable jurisdiction in Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388, where a seven-judge bench recognized the need for a "final safeguard" against miscarriages of justice after review dismissal, drawing on principles of natural justice to uphold the rule of law without undermining finality.[36] Invocable only post-review rejection, they address limited grounds including actual bias by a judge, denial of opportunity to be heard, or apprehension of bias creating a gross miscarriage, but exclude rehashing merits or new evidence absent exceptional circumstances.[37] Unlike reviews, curatives impose rigorous pre-admission scrutiny by the three senior-most judges (plus the original bench where feasible), with oral hearings granted sparingly and admission rates historically below 1% to curb abuse.[38] The distinctions underscore a hierarchy prioritizing judicial finality: reviews correct patent flaws via statutory process, while curatives target systemic fairness lapses, reflecting the Court's self-imposed restraint against endless litigation. Procedurally, reviews must be filed within 30 days of judgment, supported by an affidavit verifying grounds, and may involve circulation to the original bench for disposal in chambers or open court if prima facie merit exists.[39] Curatives lack a statutory timeline but require prompt filing post-review, with mandatory certification by two senior advocates attesting non-frivolity, and decisions rendered without expanding the original record unless natural justice violations are evident.[40]| Aspect | Review Petition | Curative Petition |
|---|---|---|
| Legal Basis | Constitutional (Article 137) and statutory (Order XLVII, CPC). | Judicially evolved (Rupa Ashok Hurra, 2002); no direct constitutional provision. |
| Precondition | Filed directly against the judgment. | Only after dismissal of review petition. |
| Primary Grounds | Error apparent on record; new evidence; sufficient reason (e.g., factual oversight). | Violation of natural justice (e.g., no hearing, judicial bias); gross miscarriage preventing fair trial. |
| Evidentiary Scope | Limited to record; no fresh arguments on merits. | Confined to natural justice claims; no re-examination of evidence or law. |
| Admission Threshold | Lower; circulated to bench, potential open hearing. | Highest; screened by senior judges, admitted only for "exceptional" cases. |
| Finality Impact | Maintains balance between correction and closure. | Last resort; rejection bars further challenge, emphasizing abuse prevention. |
