CURATIVE PETITION (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     11th April 2024        
output themes

Context: In a landmark move, the Supreme Court has expanded legal recourse by permitting curative writs, emphasizing their role as a final avenue to rectify judgments deemed "oppressive to judicial conscience" and capable of perpetuating irreparable injustice.

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.


Interference by the Supreme Court in Curative Petition

  • Grounds for Interference: The interference by the Supreme Court is based on two primary grounds.

oInterpretation of Termination Clause: The first ground revolves around the interpretation of the termination clause in the contract.

oOstensible Ignorance of Material Evidence: The second ground pertains to the ostensible ignorance of material evidence.

output themes