Reference, Review and Revision

In one line

Three remedies that are not appeals: reference is a subordinate court asking the High Court a question, review is a court reconsidering its own decision, and revision is the High Court correcting a subordinate court that went wrong about its jurisdiction.

The single sentence that keeps them apart: reference goes up on a question, review stays where it is, and revision comes down on jurisdiction.

Reference: section 113 and Order XLVI

The provision

Section 113: subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.

The proviso makes one case mandatory. Where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation, or of any provision contained in one, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

That proviso is the important half. A subordinate court has no power to strike down a statute. If it thinks a statute invalid, it must not simply act on that view; it must refer the question up. The Explanation defines "Regulation" for the purpose.

The procedure: Order XLVI

Rule 1: where, before or on the hearing of a suit or appeal in which the decree is not subject to appeal, or where in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court entertains reasonable doubt, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer that statement with its own opinion on the point for the decision of the High Court.

Notice the conditions in Rule 1, because they are what an answer needs: the decree must be not subject to appeal, a question of law or usage having the force of law must arise, and the court must entertain reasonable doubt about it.

Rule 2: the Court may either stay the proceedings or proceed and pass a decree or order contingent upon the High Court's decision, but in either case no decree or order shall be executed until the High Court's copy of the judgment is received.