Article 137: Review of Judgments or Orders by the Supreme Court

Abstract

When the Constitution was framed the substantive power to rectify or recall the order passed by the Supreme Court was specifically provided by Article 137 of the Constitution. The framers of Constitution who had the practical wisdom to visualise the efficacy of such provision expressly conferred the substantive power to review any judgment or order by Article 137 of the Constitution and clause (c) of Article 145 permitted the Supreme Court to frame rules as to the conditions subject to which any judgment or order may be reviewed. In exercise of this power Order XL had been framed empowering the Supreme Court to review an order in civil proceedings on grounds analogous to Order XLVII Rule 1 of the Civil Procedure Code. The expression, for any other sufficient reason in the clause, has been given an expanded meaning and a decree or order passed under misapprehension of the true state of circumstances has been held to be sufficient ground to exercise the power. Apart from Order XL Rule 1 of the Supreme Court Rules, the Supreme Court has the inherent power to make such orders as may be necessary for the interest of justice or to prevent the abuse of process of Court. The Court is thus not precluded from recalling or reviewing its own order if it is satisfied that it is necessary to do so for sake of justice. The mere fact that two views on the same subject are possible is no ground to review the earlier judgment passed by a Bench of the same strength.