Legal Analysis: Why the Supreme Court of India Can Change Its Own Rulings

Ever wondered how a court that already gave a final judgment can turn around and change it? In India the Supreme Court has that power. It's called a review, and it's meant to correct serious mistakes so justice doesn't fail because of an error.

How review works

The power to review comes from the Constitution and the Court's own rules. A review is not a second full trial or a fresh look at everything. The Court limits reviews to clear problems: an obvious mistake on the face of the record, discovery of important new evidence that couldn't be produced earlier, fraud or a failure to consider a crucial point. The idea is to fix real defects, not to re-argue every point.

When someone files a review petition, the Court usually looks at a short written request pointing out the specific error. The judges check whether the mistake meets the narrow grounds for review. If it does, the Court may correct its order, recall the judgment or set aside part of it. The process is cautious because finality in litigation matters — people must be able to rely on judgments.

Review vs appeal and the curative petition

Don't confuse a review with an appeal. An appeal asks a higher court to re-examine facts and law; a review asks the same court to correct a clear error. Appeals are broader and take longer. Reviews are narrow and faster.

There is also a rarer step called a curative petition. The Supreme Court created this in cases where even a review won't fix a gross miscarriage of justice, especially where there was abuse of process or conduct that prevented a party from getting a fair hearing. Curative petitions are used only when all other remedies have failed and very strong reasons exist.

Why does this matter? Because the review power protects fundamental rights and prevents wrong outcomes from being permanent. It is a safety valve: if a judgment would produce serious injustice due to error, the Court can step in to correct it.

If you think a Supreme Court judgment contains a reviewable error, act quickly. Gather clear evidence showing the mistake, point to the exact part of the record that is wrong, and consult a lawyer who knows Supreme Court practice. Courts expect precise, focused petitions — vague complaints won’t pass the test.

Remember: review and curative petitions are exceptional tools. They exist to fix real, significant failures, not to relitigate disputes. The Court uses them rarely and with caution, balancing the need for justice against the need for finality in the law.