BharatNotes What is Curative Petition?
A curative petition is the final remedy by which the Supreme Court of India can reconsider its own concluded judgment, even after a review petition has been dismissed. It is not provided in the Constitution or in any statute; it was evolved by a five-judge Constitution Bench in Rupa Ashok Hurra v. Ashok Hurra (2002) as an exercise of the Court's inherent power to prevent abuse of its process and to cure a gross miscarriage of justice. The procedural framework was later laid down in Order XLVIII of the Supreme Court Rules, 2013.
Origin and Legal Basis
The first remedy against a Supreme Court judgment is a review petition under Article 137 of the Constitution. When that fails, the curative petition becomes available as a remedy of last resort. The Court reasoned that the duty to do complete justice and avoid grave injustice survives even after a review, and that its inherent powers permit a one-time reconsideration in the rarest of rare situations. Importantly, the curative petition is a judge-made remedy and does not arise from Article 137 itself, though it builds on the same finality-versus-justice concern.
Grounds and Procedure
In Rupa Ashok Hurra, the Court restricted curative petitions to narrow grounds:
| Aspect | Requirement |
|---|---|
| Core grounds | Violation of principles of natural justice; reasonable apprehension of bias of a judge; abuse of the process of court |
| Pre-condition | Must show the same grounds were raised in the review petition, which was dismissed |
| Certification | Must be certified by a senior advocate that the grounds in Rupa Ashok Hurra are met and the petition is not frivolous |
| First circulation | Sent to the three senior-most judges plus the judges who passed the impugned judgment, if available |
| Hearing mode | Normally decided by circulation without oral arguments, unless the Bench orders an oral hearing |
There is no fixed statutory time limit, but a curative petition must be filed within a reasonable time.
Significance and Current Status
The curative petition reflects the tension between the finality of judgments and the correction of injustice. It is deliberately exceptional to prevent the Court from becoming a perpetual forum of appeal.
A notable recent application was Delhi Metro Rail Corporation v. Delhi Airport Metro Express (judgment dated 10 April 2024), where the Supreme Court allowed a curative petition and set aside an arbitral award of around Rs 8,000 crore, holding that upholding a patently illegal award had caused a gross miscarriage of justice. The ruling drew debate for expanding curative scrutiny into arbitration. Earlier, in the Yakub Memon case (curative petition dismissed 21 July 2015), the remedy featured in a high-profile death-penalty matter.
UPSC Angle
For Prelims, remember that the curative petition is a judge-made remedy, follows a dismissed review petition, and rests on the Court's inherent powers. For Mains GS2, it is valuable for analysing judicial review, access to justice, and the limits of finality. Do not confuse it with a review petition (constitutional, under Article 137) or a mercy petition (executive, under Articles 72/161).
