Article 137 of Indian Constitution - Detailed Analysis
IMPORTANT LINKS
Part 5 of the Indian Constitution
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Overview |
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Name of the Article |
Article 137 - Review of judgments or orders by the Supreme Court |
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Part of the Constitutional Article |
Part V |
Article 137 of Indian Constitution is an important provision under Part V which governs the operation of the Union. Article 137 of Indian Constitution empowers the Supreme Court the authority to review its own judgments or orders. The provision is vital for ensuring the delivery of justice and correcting any errors that may occur.
Interpretation of Article 137 of Indian Constitution
Article 137 of the Constitution 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.”
Under Article 137 of Indian Constitution the Supreme Court is explicitly empowered to review its judgments. The authority is subject to any laws passed by Parliament and is exercisable under the rules framed by the Court in accordance to Article 145 particularly on the grounds mentioned in Order 47 Rule 1 of the Code of Civil Procedure. A review in the Supreme Court can be sought in cases of -
- discovery of new and important evidence
- an apparent error on the face of the record or
- any other sufficient reason.
In the case of R. D. Sagar vs V. Nagary (1976) the Supreme Court highlighted that the judgments of the Apex Court are final but are subject to review only in exceptional circumstances. It elucidated that such review is allowed only in cases where a grave or glaring error or other well-established grounds are evident. In this case, the Petitioner argued that certain observations in the decision unfairly portrayed him as guilty of abetting forgery and perjury and sought their removal. The Court rejected to entirely expunge these observations and it mitigated their impact by making specific modifications.
Conclusion
Article 137 of Indian Constitution grants the Supreme Court the authority to review its own judgments or orders. The provision plays an important role in ensuring justice and rectifying potential errors. The review mechanism safeguards the credibility of the court and promotes principles of fairness and justice.
FAQs about Article 137 of Indian Constitution
What is Article 137 of Indian Constitution?
Article 137 enables the Supreme Court to review its own judgments or orders to ensure justice and rectify errors.
Under what circumstances can a review be sought under Article 137?
A review can be sought in cases of discovery of new and important evidence, an apparent error on the face of the record or any other sufficient reason.
Is the power of the Supreme Court to review judgments unrestricted?
The power to review is subject to laws made by Parliament and the rules framed by the Court under Article 145.
Can every judgment of the Supreme Court be reviewed?
Judgments are subject to review only in exceptional circumstances such as grave or glaring errors or other well-established grounds.
What was the significance of the case R. D. Sagar vs. V. Nagary (1976)?
In this case, the Supreme Court made it clear that its judgments are final but can be reviewed in exceptional situations.
Under which Part of the Constitution Article 137 is mentioned?
Article 137 is mentioned under Part V of the Constitution of India.