When does the Supreme Court in India review its own decision?
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The powers of the Supreme Court to review its own judgements are elaborated in the article 137 of the Constitution of India. This of course has to be read with the provisions of any law made by Parliament or any rule made under article 145 of the constitution [2] . In the first section of this project, the researcher shall discuss how a ‘review’ differs from an ‘appeal’. Why the Supreme Court does have such a power? What is the court’s jurisdiction to review a judgment? The researcher’s endeavour has been to cover all these in the subsequent sections. In furtherance to all this, the researcher shall include the discussions on procedures for a review and thus finishing the report with a conclusion in the end.
An expression “appeal” may be defined as “the judicial examination of the decision by a higher court of the decision of an inferior court” [3] . It is the aggrieved party’s complaint to the higher court when they are dissatisfied with the lower court’s decision. It could be said that the appeal is some kind of remedy provided by the law so that the decree from the lower court could be set aside. In other words, it is the complaint made to the higher court that the decree passed by the lower court is unsound and wrong [4] . On the other hand, it should be noted that power to review is an exclusive power given only to the Supreme Court. The dictionary meaning of the word ‘review’ is ‘the act of looking, offer something again with a view to correction or improvement [5] .Review is not rehearing of the appeal all over again. Reviewing of a judgment is done by the Supreme Court only when some serious injustice could be seen in the judgment after it has been passed. The power of review can be exercised for correction of a mistake and not to substitute a view [6] . But the injustice should be really apparent and shouldn’t have contradictory opinions. The reason is in itself that if there could be two viewpoints in a case, the mistake is not that glaring or serious. Such a situation is not absolute or really obvious. So there wouldn’t naturally be a ground for “review”.
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Answer:The powers of the Supreme Court to review its own judgements are elaborated in the article 137 of the Constitution of India. This of course has to be read with the provisions of any law made by Parliament or any rule made under article 145 of the constitution [2] . In the first section of this project, the researcher shall discuss how a ‘review’ differs from an ‘appeal’. Why the Supreme Court does have such a power? What is the court’s jurisdiction to review a judgment? The researcher’s endeavour has been to cover all these in the subsequent sections. In furtherance to all this, the researcher shall include the discussions on procedures for a review and thus finishing the report with a conclusion in the end.
An expression “appeal” may be defined as “the judicial examination of the decision by a higher court of the decision of an inferior court” [3] . It is the aggrieved party’s complaint to the higher court when they are dissatisfied with the lower court’s decision. It could be said that the appeal is some kind of remedy provided by the law so that the decree from the lower court could be set aside. In other words, it is the complaint made to the higher court that the decree passed by the lower court is unsound and wrong [4] . On the other hand, it should be noted that power to review is an exclusive power given only to the Supreme Court. The dictionary meaning of the word ‘review’ is ‘the act of looking, offer something again with a view to correction or improvement [5] .Review is not rehearing of the appeal all over again. Reviewing of a judgment is done by the Supreme Court only when some serious injustice could be seen in the judgment after it has been passed. The power of review can be exercised for correction of a mistake and not to substitute a view [6] . But the injustice should be really apparent and shouldn’t have contradictory opinions. The reason is in itself that if there could be two viewpoints in a case, the mistake is not that glaring or serious. Such a situation is not absolute or really obvious. So there wouldn’t naturally be a ground for “review”.