Introduction
The Supreme Court of India is the highest court in the country and has the power to review its own judgments. This power is derived from Article 142 of the Constitution, which states that the Court may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
The power to review its own judgments is a discretionary power that the Supreme Court exercises sparingly. The Court has held that it will only review its own judgments in exceptional circumstances, such as where there is a manifest error of law or where there has been a change in the law since the judgment was rendered.
Power of the Supreme Court to Review its Own Judgement
In order to review its own judgment, the Supreme Court must first obtain the consent of the parties to the case. If the parties do not consent to the review, the Court may still review the judgment, but it must do so with great caution.
The Supreme Court has held that it will only review its own judgments if the following conditions are met:
- The review petition must be filed within a reasonable time after the judgment was rendered.
- The review petition must raise a substantial question of law.
- The review petition must show that there has been a manifest error of law in the judgment.
- The review petition must show that there has been a change in the law since the judgment was rendered.
If the Supreme Court finds that the conditions for review have been met, it may either affirm the judgment or set it aside. If the judgment is set aside, the Court may either order a retrial of the case or make such other order as it deems fit.
The power of the Supreme Court to review its own judgments is a controversial issue. Some legal scholars argue that the power is necessary to ensure that the Court’s judgments are correct. Others argue that the power is too broad and that it allows the Court to overturn its own judgments arbitrarily.
The Supreme Court has acknowledged that the power to review its own judgments is a “heavy responsibility”. The Court has stated that it will only exercise this power “in cases where it is absolutely necessary to do justice”.
The power of the Supreme Court to review its own judgments is a complex issue with no easy answers. The Court must balance the need to ensure that its judgments are correct with the need to avoid arbitrariness. The Court’s decisions in this area will continue to be the subject of debate.
Legal Issues
The power of the Supreme Court to review its own judgments has been the subject of much legal debate. Some legal scholars argue that the power is necessary to ensure that the Court’s judgments are correct. Others argue that the power is too broad and that it allows the Court to overturn its own judgments arbitrarily.
The Supreme Court itself has acknowledged that the power to review its own judgments is a “heavy responsibility”. The Court has stated that it will only exercise this power “in cases where it is absolutely necessary to do justice”.
The following are some of the legal issues that have been raised in relation to the power of the Supreme Court to review its own judgments:
- The scope of the power: What are the limits of the Supreme Court’s power to review its own judgments? Can the Court overturn its own judgments for any reason, or are there certain types of errors that are beyond the scope of the Court’s review power?
- The need for consent: Why does the Supreme Court require the consent of the parties to a case before it can review its own judgment? Is this requirement necessary to protect the finality of judgments, or is it an unnecessary obstacle to justice?
- The standard of review: What standard of review should the Supreme Court apply when reviewing its own judgments? Should the Court apply the same standard of review that it applies to lower court judgments, or should it apply a more lenient standard?
These are just some of the legal issues that have been raised in relation to the power of the Supreme Court to review its own judgments. The Court’s decisions in this area will continue to be the subject of debate.
Conclusion
The power of the Supreme Court to review its own judgments is a complex and controversial issue. The Court must balance the need to ensure that its judgments are correct with the need to avoid arbitrariness.
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