CURATIVE PETITION (Syllabus: GS Paper 2– Polity)

News-CRUX-10     11th October 2023        
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Context: Recently, the Supreme Court agreed to hear curative petitions filed by Vodafone Idea and Bharti Airtel, highlighting arithmetical errors in the calculation of adjusted gross revenue (AGR) dues by the Department of Telecommunications (DoT), in an open court.

Curative Petition

  • About: A curative petition represents the final and ultimate recourse available to individuals seeking justice, as guaranteed by the Constitution of India. 

oIt becomes applicable once a review plea against a final conviction has been rejected.

  • Background: The concept of the curative petition originated from a legal case in 2002, known as Rupa Ashok Hurra Vs. Ashok Hurra, which raised the question of whether an aggrieved person has any recourse after the dismissal of a review petition in the Supreme Court.
  • Objective: The primary aim of a curative petition is to ensure that there is no miscarriage of justice and to prevent any potential abuse of the legal process.
  • Article 137 of the Indian Constitution: It provides significant support for the concept of a curative petition.

oArticle 137 empowers the Supreme Court of India with the authority to review any judgment it has pronounced or order it has made.

  • SC's Review Power: This review power applies specifically when the matter pertains to the laws and rules established under Article 145 of the Indian Constitution.
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