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Article 137: Review and Curative Petitions at the Supreme Court

Even the Supreme Court can make mistakes. Article 137 lets the Court review its own judgments or orders — the constitutional safety valve that sits above finality. From review petitions to the judge-made curative petition, Article 137 is how the highest court corrects itself.

CONSTITUTION OF INDIAArticle 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.

The Supreme Court may review its own judgments or orders, subject to any parliamentary law and to rules made under Article 145. Review is an extraordinary remedy, granted only for error apparent on the face of the record.
mcqquestion.com · Indian Polity🔁 Exam Edge
🔁 Article 137: Review of Judgments
The Supreme Court’s power to correct itself.
⚖️
ReviewSC may review its own judgment
📜
Article 145Rules of the Court govern review
🔍
Error apparentVisible mistake on the record
🧑‍⚖️
CurativeJudge-made last remedy (Rupa Ashok Hurra)
LimitsNot a routine second appeal
🎯
ExamReview vs appeal vs curative
💡The trap: Review is not an appeal — it lies only for an error apparent on the face of the record, and curative petitions are the final, rarest remedy.
mcqquestion.comUPSC · CDS · NDA · CAPF · SSC
📑 Contents
Must Know
The Power to Review
  • Article 137The Supreme Court has the power to review any judgment pronounced or order made by it.
  • Subject to lawThe power is subject to any law made by Parliament and to rules under Article 145.
  • Why it existsFinality is valuable, but so is correcting a clear error — review balances both.
  • GroundsReview lies for an error apparent on the face of the record, new evidence, or a mistake of law.
  • So whatReview is an exception to finality, not a routine rehearing.
Review vs Curative
  • ReviewThe statutory remedy under Article 137 read with the Supreme Court Rules.
  • CurativeA judge-made last-resort remedy created in Rupa Ashok Hurra v. Ashok Hurra (2002), when review is not enough.
  • CirculationA curative petition is first circulated to the senior-most judges of the Court.
  • So whatReview is in the Constitution; curative is a creation of the Court itself.
Good to Know
How Review Works
  • Who may askA person aggrieved by the judgment may file a review petition within the prescribed period.
  • Same judgesReview is heard by a bench — often including judges who delivered the original judgment.
  • Rare grantCourts grant review only for glaring errors, not for re-argument of the same points.
  • So whatThe standard is high: you must show an error on the record, not just disagree.
The Two Review Routes
  • Statutory reviewThe Supreme Court Rules set the procedure and grounds for review under Article 137.
  • New evidenceReview can be sought when fresh evidence, not available at the original hearing, surfaces.
  • No third appealReview is not a rehearing — a party cannot re-argue settled points in a review petition.
  • So whatThe exam line: review corrects errors, it does not reopen the whole case.
✅ Test Yourself

Work through a 5-question chain on Article 137, then keep practising with a random Indian Polity question.

Great to Know
The Story of the Last Resort
  • 1950Article 137 entered the Constitution as a limited self-correction power, mirroring common-law review.
  • 2002Rupa Ashok Hurra created the curative petition so that grave miscarriages of justice could be reopened after review fails.
  • The testsCurative petitions require proof of violation of natural justice or bias, and the petitioner must plead specific grounds.
  • So whatWhen a death-row or landmark verdict is challenged even after review, Article 137 + curative is the last door.
  • Why it mattersCurative petitions protect against grave injustice after finality — they exist so the Court’s own error can still be corrected.
PYQ / Exam Angle
UPSC 2021: Review Power of Courts
  • QuestionUPSC and other competitive exams ask which statements about the judiciary’s review power are correct — including a High Court’s power to review its own judgment.
  • WhyArticle 137 gives the Supreme Court review power; whether a High Court has the same power is the tested distinction.
  • LinkSource: UPSC CSP 2021 (see Q88).
CDS II 2016: Powers of the Supreme Court
  • QuestionCDS and other competitive exams ask which statement about the Supreme Court’s powers is not true — the power to review its own judgment IS one of them.
  • WhyThe not-true option is the one denying a real power (like review) or claiming a non-existent one.
  • LinkSource: CDS II 2016 (see Q112).
Current Affairs / So What
Review in the Headlines
  • Why it mattersCurative petitions on landmark rulings (from the Ayodhya title to electoral bonds) keep Article 137 in the news.
  • So whatWhenever a verdict is ‘challenged after finality’, it is Article 137 review or the curative route at work.
  • DevelopmentReview and curative petitions on high-profile verdicts — from electoral bonds to constitutional amendments — keep the docket busy.

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