What is a review petition?
- In India, a binding decision of the Supreme Court/High Court can be reviewed in a review petition. A review petition can be filed by the parties aggrieved by the decisions of the Supreme Court. The provision of review is an exception to the principle of stare decisis as courts generally do not unsettle a decision, without a strong case. [Stare decisis are a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. A Stare decisis ensures that cases with similar scenarios and facts are approached in the same way.]
- As per Article 137 of the Constitution of India and the rules made under Article 145, the Supreme Court of India has the power to review its judgment pronounced by it. As per Supreme Court rules, 1966 such a petition is to be filed within 30 days of the pronouncement of judgment or order and that petition should be circulated without oral arguments to the same bench that delivered the judgment.
- Furthermore, if a review petition is dismissed by the Supreme Court, it may consider a curative petition filed by the petitioner so as to prevent abuse of process. In accordance with Order XVII, Rule 1(1) of Code of Civil Procedure, 1908, a civil review petition can be moved. While a criminal review petition can be filed only on the ground of error apparent on the face of the record.
- The review will lie in the Supreme Court on the following grounds: Discovery of new important matters of evidence; Mistake or error on the face of the record; any other sufficient reason.
- A review of such a judgment is an exceptional phenomenon, permitted only where a grave and glaring error or other well-established ground is made out. The finality of the order of the highest court of the land should not be lightly unsettled.
