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Supreme Court of India • Article 137 & Order XLVII SC Rules

Review Petitions Article 137 & Order XLVII SC Rules

Precision post-judgment petitions before the Hon’ble Supreme Court seeking correction of patent errors apparent on the face of the record or discovery of crucial new evidence.

Governing Framework Constitution Article 137 • Order XLVII SC Rules 2013 • Order XLVII Rule 1 CPC
Limitation & Timing Strictly 30 Days from pronouncement of Supreme Court judgment or order
Supreme Court Desk

Review Petition (Art. 137) Consultation

Share impugned order details and dates for prompt maintainability and limitation review.

Review Petition (Civil / Criminal) [R.P.(C) / R.P.(Crl.)] — Circulation in Chambers

Strict Parameters Governing Supreme Court Review Jurisdiction

Under Article 137 read with Order XLVII of the Supreme Court Rules, 2013, the Supreme Court may review its own judgment or order, but review is strictly NOT a "re-hearing or appeal in disguise."

Under Order XLVII Rule 3, Review Petitions are ordinarily decided by Circulation in Chambers by the same Judges who delivered the judgment—without an oral open-court hearing unless an accompanying Application for Open-Court Hearing persuades the Bench (mandatory in death sentence cases under Mohd. Arif).

Under Article 137 of the Constitution of India and Order XLVII of the Supreme Court Rules, 2013, the Supreme Court possesses narrow constitutional power to review any judgment pronounced or order made by it. Crucially, unlike first appeals, a Review Petition is NOT a re-hearing or second appeal on merits: under Order XLVII Rule 1 CPC principles applied to civil reviews and "error apparent on the face of the record" standards in criminal reviews, mere disagreement with the Court legal reasoning or citing a fresh argument Counsel forgot to press earlier is strictly disallowed.

Review Petitions must be filed within a tight 30-day statutory window from the date of the Supreme Court judgment or order. Under Order XLVII Rule 3, Review Petitions are ordinarily disposed of "by circulation" inside Judges Chambers without any oral hearing—making the written Review Petition text, the mandatory Advocate-on-Record Certificate, and surgical highlighting of an unmistakable self-evident oversight (such as overlooking a decisive binding statute, misquoting a critical contract clause/date, or deciding on an overruled judgment) wholly decisive.

In exceptional categories—most notably Capital Punishment / Death Sentence confirmations following the Mohd. Arif Constitution Bench judgment and substantive statutory civil appeal reviews where open-court arguments are specifically sought—Chambers prepare focused applications for Open Court Hearing alongside execution/decree stay prayers.

Self-Evident Mistake 01

Error Apparent on the Face of Record

Omission of a binding statutory amendment, misreading of an admitted date/figure, or conflict with an unconsidered Constitution Bench ruling.

Unobtainable Earlier Despite Diligence 02

Discovery of New & Important Material

Crucial official evidence or decree discovered post-judgment that could not have been produced earlier despite due diligence.

Order XLVII Rule 3 Exception 03

Application for Open-Court Oral Hearing

Drafting persuasive reasons seeking oral hearing in open court alongside Chamber Circulation.

Civil Review Requirement 04

Mandatory Advocate Certificate

Strictly satisfying Order XLVII certification confirming narrow maintainability within Review boundaries before Supreme Court Registry acceptance.

Statutory Provisions & Limitation

Supreme Court Review Petition Rules, Deadlines & Open-Court Exceptions

Reference matrix covering primary statutory enactments, applicable petition nomenclature, limitation windows, and bench maintainability thresholds.

Governing Provision Remedy / Petition Class Limitation & Timing Bench / Maintainability Standard
Article 137 & Order XLVII Rule 2 SC Rules R.P.(C) / R.P.(CRL) — Review Petition Against SC Order/Judgment Strict 30 days from Date of Impugned SC Judgment/Order Error apparent on face of record / Discovery of decisive new evidence
Order XLVII Rule 3, SC Rules, 2013 Circulation Disposal in Chambers (No Oral Hearing by Default) 30-day filing + same Judges Bench circulation Written grounds must establish error self-evidently on brief reading
Mohd. Arif vs Registrar, SC (2014) 9 SCC 737 Mandatory Open-Court Hearing in Death Sentence Reviews 30 days (heard by 3-Judge Bench in Open Court) Applies automatically to Death Penalty confirmation reviews
Order XLVII Certificate & Application AOR / Counsel Certificate + Application for Open Court Hearing Filed concurrently with Review Petition Certifies error is genuine, non-frivolous & not repetitive re-arguing
Judicial Precedents

Controlling Precedents Governing Supreme Court Review

Key binding principles applied at preliminary admission, interim stay consideration, and final adjudication.

Doctrine 01

Kamlesh Verma vs Mayawati (2013) 8 SCC 320

Summarizes exhaustive positive grounds allowing Review (patent mistake/error on face, subsequent binding statutory omission) and negative grounds where Review is strictly barred.

Doctrine 02

Parsion Devi vs Sumitri Devi (1997) 8 SCC 715

An error apparent on the face of the record must strike one on mere looking at the record—not an error that requires long-drawn process of reasoning on two possible views.

Doctrine 03

Mohd. Arif @ Ashfaq vs Registrar, Supreme Court of India (2014) 9 SCC 737

Constitution Bench carved an exception to circulation-only Review rules, guaranteeing limited Open Court oral hearing in all Death Sentence Review Petitions.

Doctrine 04

Beghar Foundation vs Justice K.S. Puttaswamy / Subramanian Swamy

Discovery of new evidence in civil reviews requires strict proof that despite exercise of due diligence, the crucial evidence was not within knowledge or producible earlier.

Chamber Execution Process

Supreme Court Review Petition Filing & Circulation Stages

Structured chamber workflow from initial record scrutiny and advance service through preliminary admission and final disposal.

01

30-Day Clock & Record Error Audit

Count 30 calendar days from Judgment/Order date and isolate indisputable factual/statutory oversights on the face of the SC judgment.

02

Ground Isolation (Zero Re-Arguing Rule)

Strip away repetitive appeal arguments; draft crisp point-by-point comparison between Judgment text and overlooked Binding Statute / Record Exhibit.

03

Mandatory AOR Certificate & R.P. Filing

Settle Review Petition with Certificate from Advocate-on-Record confirming maintainability under Order XLVII.

04

Circulation Before Same Hon’ble Bench

Placed by Registry via Circulation before the same Judges who passed the order (or successor Roster Judges if retired).

05

Notice / Open Court Listing or Rejection

If Bench finds prima facie merit upon circulation, Notice issues to Respondent and Review lists in Open Court for oral hearing.

Maintainability Audit

Key Procedural Checkpoints

  • File strictly within 30 days of Supreme Court judgment/order (include detailed condonation application if delayed)
  • Obtain the Mandatory Certificate by Advocate-on-Record/Counsel specifying exact Order XLVII grounds
  • Avoid re-arguing points already considered and rejected—pinpoint unmistakable, patent mistakes on record
  • File dedicated Application for Listing in Open Court if oral arguments are critical to demonstrate the error
  • Remember that simply because a subsequent judgment changes the interpretation of law in another case does NOT automatically invalidate a concluded judgment via Review (Explanation to Order XLVII Rule 1 CPC).
  • Review Petitions dismissed after notice/merits open the narrow prerequisite gate toward a Curative Petition; verify Curative certification alignment early.
Filing Preparation

Essential Documents Required

  • 1 Certified/Uploaded Copy of Impugned Supreme Court Judgment/Order
  • 2 Complete Paper-Book of the disposed SLP / Appeal / Writ
  • 3 Newly discovered document with diligence affidavit (if relying on new evidence)
  • 4 Certificate under Order XLVII SC Rules & Application for Open-Court Hearing
  • 5 Copy of Impugned Supreme Court Judgment / Order sought to be reviewed AND Complete Original SLP / Appeal Paper-Book already on record.
  • 6 Exact highlighted copies of the overlooked statutory provision, Constitution Bench judgment, or vital document already exhibited in the original record + AOR Certificate.
Practice FAQs

Review Petition (Art. 137) — Frequently Asked Questions

Under Order XLVII Rule 3 SC Rules 2013, Review Petitions are disposed of by Circulation in Chambers without oral arguments unless the Court specifically allows an Application for Open-Court Hearing (or in death-penalty cases).

A Review Petition must be filed within 30 days from the date of the Supreme Court judgment or order sought to be reviewed.

Yes, an SLP dismissal order can be sought to be reviewed under Article 137 within 30 days if an error apparent on the face of the record exists.

Ordinarily no. Under Order XLVII Rule 3 of the Supreme Court Rules, 2013, Review Petitions are decided by circulation in Judges Chambers without counsel presence—EXCEPT in Death Sentence cases (Mohd. Arif ruling) or where the Bench expressly issues notice/grants a separate Application for Open Court Hearing.

30 days from the date of the Judgment or Order under Order XLVII Rule 2. Delay condonation in Review Petitions is scrutinized stringently.

Yes, under Article 137 even a summary dismissal order is technically reviewable within 30 days, though demonstrating an "error apparent" against a non-speaking dismissal is exceptionally demanding—often making a High Court Review (under Kunhayammed) another parallel/alternative consideration where applicable.

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