Articles 137 and 138 of the Constitution of India: Review by Supreme Court and Enlargement of Jurisdiction
Articles 137 and 138 form part of the constitutional framework governing the powers and jurisdiction of the Supreme Court of India. Article 137 gives the Supreme Court power to review its own judgments and orders, subject to parliamentary law and rules made under Article 145. Article 138 enables enlargement of the Court's jurisdiction in the circumstances stated in that Article.
Article 137 - Review of judgments or orders by the Supreme Court
Article 137 is the constitutional source of the Supreme Court's power to review a judgment pronounced or an order made by it. The power is expressly subject to any law made by Parliament and to rules made under Article 145 of the Constitution.
Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
What does review under Article 137 mean?
A review is not an ordinary appeal from a Supreme Court judgment. It is a limited reconsideration by the Supreme Court of its own judgment or order on legally recognized review grounds. The procedural conditions are governed by the Supreme Court Rules, 2013, read with the applicable constitutional and statutory provisions.
The Supreme Court's official jurisdiction guidance states that, under the Supreme Court Rules, review in a civil proceeding is entertained on the grounds referred to in Order XLVII Rule 1 of the Code of Civil Procedure, while review in a criminal proceeding is confined to an error apparent on the face of the record.
Article 145 and Supreme Court Rules
Article 137 itself refers to rules made under Article 145. Article 145 empowers the Supreme Court, subject to parliamentary law and with the approval prescribed by the Constitution, to make rules regulating its practice and procedure. The Supreme Court Rules, 2013 contain the procedural framework for review petitions and have subsequently been amended from time to time.
Article 138 - Enlargement of the jurisdiction of the Supreme Court
Article 138 provides constitutional mechanisms through which the jurisdiction and powers of the Supreme Court may be enlarged beyond jurisdiction otherwise conferred by the Constitution.
The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
Article 138(2):
The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
Meaning of Article 138(1)
Clause (1) authorizes Parliament to confer further jurisdiction and powers on the Supreme Court in relation to matters in the Union List. The enlargement is therefore dependent on legislation enacted by Parliament.
Meaning of Article 138(2)
Clause (2) deals with further jurisdiction and powers conferred through a special agreement between the Government of India and the Government of a State. Such jurisdiction can be exercised by the Supreme Court only if Parliament provides by law for its exercise.
Difference between Article 137 and Article 138
Article 137 concerns the Supreme Court's power to review its own judgments and orders. Article 138 concerns enlargement of the Court's jurisdiction and powers through parliamentary legislation, including the special-agreement mechanism described in clause (2). The two provisions therefore address different aspects of the Supreme Court's constitutional authority.
Official constitutional and Supreme Court resources
Updated: 19 September 2026. This page is intended as a general legal information resource. For filing requirements and current procedure, consult the Constitution, applicable statutes, the Supreme Court Rules and current official notifications.