Extraordinary Power of Curative Petitions in India

The Supreme Court of India, exercising its inherent powers under Articles 129 and 142 of the Constitution, introduced the concept of the ‘Curative Petition’ in 2002 through the landmark case of Rupa Ashok Hurra v. Ashok Hurra. This extraordinary judicial mechanism allows the Supreme Court to review and potentially revise its own decisions, even after the dismissal of a review petition, to prevent a miscarriage of justice.

What is a Curative Petition?

• A curative petition is a legal remedy devised by the Supreme Court to rectify gross errors in its final judgments.
• It serves as the last resort for litigants who have exhausted all other avenues of appeal and review.
• Unlike regular review petitions, which can be filed against any judgment, curative petitions are entertained only under exceptional circumstances where there is a violation of natural justice or a fundamental error that resulted in a miscarriage of justice.

Historical Background

• The need for a curative petition arose from the Supreme Court’s recognition that its judgments must be final and just.
• In the Rupa Ashok Hurra case, the Court acknowledged that despite the finality of its decisions, there could be instances where a re-examination was necessary to uphold justice, especially in cases involving procedural irregularities or biases.

Criteria for Filing a Curative Petition

To file a curative petition, certain stringent criteria must be met:

1. Grounds Taken in Review Petition: The petitioner must demonstrate that the grounds for the curative petition were raised during the review petition.
2. Dismissal by Circulation: The review petition should have been dismissed by circulation and not through an open court hearing.
3. Certification by a Senior Advocate: A senior advocate must certify that the curative petition meets these requirements.
4. First Curative Petition: The petition should be the first curative petition in the concerned matter, verified by the Advocate-on-Record.

These conditions ensure that curative petitions are used sparingly and only in the rarest of rare cases.

Procedural Aspects

When a curative petition is filed, it is first reviewed by the top three senior-most Judges of the Supreme Court, including the Chief Justice of India, along with the Judges who were part of the original judgment, if available. If the majority of these Judges find merit in the petition, it may then proceed to an open Court hearing.

Recent Developments

The Supreme Court’s decision in Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. exemplifies the significance of curative petitions. In this case, the Supreme Court overturned its previous judgment, acknowledging a “fundamental error” in its 2021 decision, thereby highlighting the importance of curative petitions in correcting judicial errors and ensuring justice.

Special Powers of the Supreme Court

The Supreme Court of India possesses several special powers, including:

• Dispute Resolution: Under Article 131, the Court has exclusive original jurisdiction in disputes between the Central and State Governments or among States.
• Discretionary Jurisdiction: Article 136 allows the Court to grant special leave to appeal any judgment or order from any court or tribunal in India, except military tribunals.
• Advisory Jurisdiction: Under Article 143, the President of India can seek the Supreme Court’s opinion on specific legal questions.
• Contempt Proceedings: Articles 129 and 142 empower the Court to punish for contempt, ensuring the enforcement of its judgments and maintaining the integrity of the judicial process.
• Review and Curative Powers: Article 145 allows the Supreme Court to frame rules for its practice and procedure, including the review of its judgments and the hearing of curative petitions.

Conclusion

Curative petitions underscore the Supreme Court’s commitment to justice and its willingness to rectify its errors, ensuring that no individual suffers due to judicial fallibility. By maintaining strict criteria and procedural checks, the Supreme Court ensures that this extraordinary power is exercised judiciously and sparingly, upholding the highest standards of justice in the Indian legal system.