Basis

Reference

Review

Meaning

A Reference is made by a subordinate court to a High Court when it has doubt regarding-

→ Validity of laws, or

→Interpretation of Law.

A Review is when the same Court re-examines its own judgement due to-

→ Error apparent on face of record.

→ Discovery of new evidence

→ Other sufficient reason

Provision

Section 113, Order 46.

Section 114, Order 47

Initiation

By court, Suo-Motu

By Aggrieved party

Court

High Court decides

Same Court decides

Nature

Advisory Jurisdiction.

Corrective Jurisdiction.

Stage

Before final Judgement.

After decree/Order.

Purpose

Resolve legal doubt

Correct error

Scope

Limited to legal questions

Limited but wider than reference

Grounds

Validity of law or interpretation of law

→Error apparent

→New evidence.

Right of party

No direct right

Statutory right.

Discretion

Court's discretion

No discretion

Effect

Binding opinion of High Court

May alter Judgement

Appeal

Not appealable directly

Order in review may be available

Time limit

No specific rigid limit.

Must be within limitation.

Evidence

No fresh evidence.

New evidence allowed (strict conditions).

Constitutional link

Often involves constitutional validity

No constitutional question necessary.

Frequency

Rare.

Relatingly more common.

Mechanism

Consultation mechanism.

Reconsideration mechanism.