Review petition
Also called: Article 137 · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
A review petition is a request to the Supreme Court to look again at its own judgment, under Art. 137. It must be filed within 30 days. It is allowed only if there is an error apparent on the record, meaning a clear mistake that is obvious on the face of the judgment. It is not a second appeal. Usually the same bench hears it in chambers (privately, not in open court).
Example
In Mohd. Arif (2014), the Court held that review petitions in death-sentence cases must be heard in open court, not in chambers, because a person's life is at stake.
Don't confuse with
- Curative petition: this is the last remedy after a review petition fails, created in Rupa Ashok Hurra (2002) to correct a gross miscarriage of justice. It needs a senior advocate's certificate and is heard by the 3 senior-most judges plus the original bench.
Related concepts
- Advisory jurisdiction
- Constitution bench
- Curative petition
- Doctrine of precedent
- Complete justice power