Q. Which of the following statements is correct about the Supreme court’s power to review under Article 137?
Exp) Option b is the correct answer.
Statement a is incorrect. Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the Government.
Statement b is correct. Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is however subject to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by parliament. Further, as per the Supreme Court Rules, 2013, a review Petition must be filed within 30 days from the judgment.
Statement c is incorrect. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India. Under appellate jurisdiction the Supreme Court can hear the cases delivered by High Court through appeal. Statement d is incorrect. The Indian judiciary have the power to interpret the obligation of India in international law by adjudicating domestic cases concerning issues of international law. The statement is incorrect because judiciary has no role in reviewing any of the international treaties though President of India can seek opinion of Supreme Court on any dispute arising on any treaty or agreement.
| Important Tips The Supreme Court may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. |
