Even the Supreme Court can make mistakes. Article 137 lets the Court review its own judgments or orders. It is the constitutional safety valve that sits above finality. From review petitions to the judge-made curative petition, this is how the highest court corrects itself.
Review: Statutory remedy under Article 137.
Curative: Judge-made last resort.
Error apparent: A visible mistake on the record.
Natural justice: Fair hearing; no bias.
1Chapter 1: Review and Curative Petitions
Must Know
The power to review
- Article 137 says: subject to any law made by Parliament and rules under Article 145, the Supreme Court has power to review any judgment pronounced or order made by it.
- Finality is valuable, but so is correcting a clear error. Review balances both.
- Review lies for an error apparent on the face of the record, new evidence, or a mistake of law.
- Review is an exception to finality, not a routine rehearing.
Review versus curative
- Review is the statutory remedy under Article 137, read with the Supreme Court Rules.
- A curative petition is a judge-made last-resort remedy, created in Rupa Ashok Hurra v. Ashok Hurra (2002).
- It is used when review is not enough.
- A curative petition is first circulated to the Chief Justice, the four senior-most judges, and the judges who passed the original judgment, if available.
- Review is in the Constitution. Curative is a creation of the Court itself.
Remember: Review = Article 137. Curative = Rupa Ashok Hurra, 2002. Review is not an appeal.
True or False: A review petition lets a party re-argue the whole case.
2Chapter 2: How Review Works
Good to Know
Who may ask, and who hears it
- A person aggrieved by the judgment may file a review petition within the prescribed period.
- Review is heard by a bench, often including judges who delivered the original judgment.
- Courts grant review only for glaring errors, not for re-argument of the same points.
- The standard is high. You must show an error on the record, not just disagree.
The two review routes
- Statutory review: the Supreme Court Rules set the procedure and grounds for review under Article 137.
- New evidence: review can be sought when fresh evidence, not available at the original hearing, surfaces.
- No third appeal: a party cannot re-argue settled points in a review petition.
- The exam line: review corrects errors, it does not reopen the whole case.
Related reading
- The Supreme Court of India
- Separation of Powers and Judicial Review
- Article 143: Advisory Jurisdiction
3Previous Year Questions
UPSC and CDS have tested review power directly.
UPSC CSP 2021, Q88
Statement: a High Court has the power to review its own judgement as the Supreme Court does. The key marks it false. The Supreme Court’s review power comes from an explicit provision, Article 137. Statement 1, recall of a retired judge under Article 128, is true. Answer: 1 only. View the question.
CDS II 2016, Q112
Which is not true about the Supreme Court’s powers? Answer: (d) that it has the exclusive power to issue writs for fundamental rights, because High Courts can too under Article 226. The power to review its own judgment IS a real power. View the question.
True or False: The Supreme Court has the power to review its own judgment or order.
4Chapter 3: The Story of the Last Resort
Great to Know
From 1950 to 2002
- Article 137 entered the Constitution in 1950 as a limited self-correction power, mirroring common-law review.
- In 2002, Rupa Ashok Hurra created the curative petition.
- It lets grave miscarriages of justice be reopened after review fails.
The tests
- Curative petitions require proof of violation of the principles of natural justice or an apprehension of bias.
- The petitioner must plead specific grounds.
- When a death-row or landmark verdict is challenged even after review, Article 137 plus the curative route is the last door.
- Curative petitions protect against grave injustice after finality.
- They exist so the Court’s own error can still be corrected.
Think it through: Why not allow unlimited reviews?
Courts need to end disputes. If every judgment could be reopened again and again, no case would finish. So review is narrow, and curative is rarer still.
5Chapter 4: Current Affairs
Current Affairs
Review in the headlines
- Curative and review petitions on landmark rulings, from the Ayodhya title to electoral bonds, keep Article 137 in the news.
- Review and curative petitions on high-profile verdicts, including constitutional amendments, keep the docket busy.
- Whenever a verdict is “challenged after finality,” it is the Article 137 review or the curative route at work.
True or False: A curative petition is a remedy created by the Court itself.
Quick Q&A
- What does Article 137 allow? Review of SC judgments and orders.
- Which Article gives rule-making power? Article 145.
- Curative case? Rupa Ashok Hurra v. Ashok Hurra, 2002.
- Review grounds? Error on record, new evidence, mistake of law.
- Curative grounds? Natural justice breach or bias.
MCQ on Article 137
Question 1 of 1
Question 1 of 1
Question 1 of 1
Question 1 of 1
Question 1 of 1
Question 1 of 1
Question 1 of 1
Answered 0 of 3 checks.
Leave a Reply