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The Constitution allows for preserving justice, which is necessary for any society in a democracy. The provisions for review have protected democratic ideals.
Appellate courts have cited the clauses in their rulings. The primary goal of the review is to defend the sanctity of full justice and the rights of individuals via the legal process that is jurisdiction over the republic of India. Review preserves the right and the individual's dignity and ensures no miscarriage of justice.
Justice vs judiciary is a century-old issue, but the review system functions as an unseen bridge, ensuring harmony between both via due process of law. The clause eliminates the potential for human mistakes in delivering judgements and assures that every individual's rights are respected in the sight of the law.
The notion of review empowers a person to assert his rights to achieve justice in the face of injustice. The review mechanism is also critical for monitoring and balancing the overreaching activities that the government may do throughout its administration. If the legislature passes a bill or the government does anything that violates the rights of any individual in India, and such violation is not authorised by law, then review functions as a weapon to save that person, and the appellate court will overturn any such act or legislation enacted.
The review system establishes the tone for the correct functioning of democracy's pillars by defining the limitations of each political and judicial authority, and it is necessary for successful cooperation. Suo moto cognisance is one of the most powerful weapons for improving judicial review and justice. It grants the supreme court the authority to investigate and execute justice via law and order in any section of the nation. It presents a solution to the famous phrase, "injustice everywhere is a danger to justice everywhere".
On the other hand, Revision vests the High Court with authority to guarantee that the proceedings of the subordinate courts are handled within the confines of their jurisdiction and in compliance with the law. It enables the High Court to correct errors of jurisdiction committed by lower courts and offers a way for an aggrieved party to pursue correction of a non-appealable ruling. In other words, the High Court is granted revisional jurisdiction to execute its supervisory and visitorial responsibilities effectively.
While resolving a particular dispute, an appeal ensures the litigants will be granted justice under the law. The appeal also helps enact the rules of decision binding on all lower courts within the judicial system, thus ensuring uniform treatment and some measure of certainty and guidance for those whose actions bring them within the rule's scope.
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