Curative petition means that requests the court to examine its own decision after a review petition has been dismissed. It is the final resort to judicial remedy for any matter that is not ordinarily heard in open court. Curative Petition was inspired by the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. in 2002. It is also backed by Article 137 of the Indian Constitution. The UPSC Indian Polity and Governance Syllabus include Curative Petition which is described in this article.

What is Curative petition?

• A curative petition is a second chance review, but it is not a right. A curative petition will be granted by the court only if certain prerequisites are met.
• Those who have been aggrieved have the legal right to appeal. Once the Supreme Court of India issues a ruling, it may be regarded as final and binding.
• However, in the interest of justice, Article 137 was included into the constitution, which stated that the Supreme Court has the ability to review any decision pronounced or order made by it, subject to the requirements of any law established by Parliament.
• In the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002), the Supreme Court of India established the idea of a curative petition.
• After a review petition was dismissed, the question was whether an aggrieved individual was entitled to any remedies against the Supreme Court's final judgment/order.
• In the stated case, the Supreme Court declared that it may revisit its judgments in the exercise of its inherent powers in order to prevent misuse of its process and to correct severe miscarriages of justice.
• The topic of curative petitions came to light during the Nirbhaya Case, when two of the prisoners filed the identical appeal against the Supreme Court's ruling after the mercy and review petitions were denied.

Conditions for Curative Petition

The Supreme Court has established the following conditions for hearing curative petitions:

• The petitioner must demonstrate that the principles of natural justice were breached, as well as his fear of the judge's prejudice and unfavourable judgement.
• The petition must expressly say that the aforesaid grounds were raised in the review petition and that it was dismissed by circulation.
• A curative petition must initially be disseminated to a Bench of three senior-most judges, as well as the judges who rendered the relevant ruling, if accessible.
• If a majority of the judges agree that the subject requires hearing, it should be scheduled before the same Bench.
• At any point of the curative petition's consideration, the Bench may request the assistance of a senior attorney as an amicus curiae (Friend of the court).
• Unless a particular request for an open-court hearing is made, a curative petition is normally handled by judges in the chamber.
• If the petitioner's plea is rejected, the court may levy "exemplary expenses" on him.

Procedure Of A Curative Petition

Article 137 of the Indian Constitution supports a curative petition. The Supreme Court has the power to review any judgments or orders made by it on matters of law and regulations made under Text 145, according to the article. Within 30 days of the date of the judgment, a curative petition must be filed.

• Only after the review petition has been dismissed can a petitioner file a curative petition.
• The petitioner must additionally indicate or allege the particular grounds for the review petition, as well as the fact that it was dismissed by circulation, which must be confirmed by a senior advocate.
• A curative petition is considered if it can be proven that the principles of natural justice have been violated. Another reason for evaluating the petition is that he or she was not heard by the court when the decision was made.
• The curative petition is addressed to a Bench made up of the three most senior judges, as well as, if possible, the judges who handed down the initial sentence. Can the petition be listed before the same Bench if and only if a majority of the judges decide that the case requires a hearing
• If an open-court hearing is requested, it will be held, but curative petitions are normally considered by judges sitting in the chamber.
• If the petition lacks any basis for fair consideration, the court may order the petitioner to pay "exemplary expenses."

Conclusion

In the Indian legal system, a curative petition is a novel idea and judicial innovation. It is regarded as the last and ultimate option. However, in the context of justice, like in the Nirbhaya case, it provides a pause for the judges to provide their decision on time. A Curative Petition can be filed at any moment. Article 137 of the Indian Constitution guarantees it by granting the Supreme Court the authority to examine its own judgements and decrees.

FAQs

Question. What is a curative petition in India?

Question. When can a curative petition be filed?

Question. What is the procedure for filing a curative petition?

Question. What is the significance of a curative petition in the Indian legal system?

Question. How is a curative petition different from a review petition?

MCQs

1. Which of the following is true about a curative petition in the Indian legal system?

A) It is filed in the High Court

B) It is filed after a review petition is rejected

C) It is automatically accepted

D) It is filed directly with the President

2. What is the role of the senior-most judges in the curative petition process?

A) They issue a decree in favor of the petitioner

B) They form a bench to review the curative petition

C) They appoint a new judge to hear the case

D) They deny the petition without review

3. What must be demonstrated in a curative petition for it to be accepted?

A) A legal precedent

B) Violation of fundamental rights

C) Violation of principles of natural justice

D) Evidence of criminal behavior

4. What is the ultimate goal of filing a curative petition?

A) To delay justice

B) To seek a change of the judge

C) To correct a miscarriage of justice

D) To enforce the verdict of a lower court

5. In which situation can a curative petition be filed?

A) When a lower court judgment is not accepted

B) When a party is dissatisfied with a review petition result

C) When a case is being heard for the first time

D) When there is no further appeal allowed

GS Mains Questions and Model Answers

Q1: What is the significance of a curative petition in ensuring justice in India?

Answer: The curative petition serves as an additional safeguard in the Indian legal system, ensuring that even after a judgment is passed by the Supreme Court, a final opportunity remains to correct any serious errors or violations of justice. It upholds the principles of fairness and protects the rights of individuals who may have suffered due to judicial mistakes.

Q2: Explain the difference between review petitions and curative petitions in the context of the Indian judicial system.

Answer: Review petitions are filed to request a reconsideration of a judgment by the same bench that passed it. If the review petition is rejected, a curative petition can be filed, which is considered by a new bench of senior-most judges. While review petitions focus on errors apparent in the judgment, curative petitions address more profound errors or violations of natural justice.

Q3: How does the curative petition reflect the balance between judicial finality and justice in India?

Answer: The curative petition system reflects the delicate balance between maintaining judicial finality and ensuring that no one suffers due to judicial errors. It provides a final recourse to correct mistakes in cases that have significant implications, while still preserving the authority of the Supreme Court’s decisions.

Previous Year Questions on Curative Petitions

1. UPSC CSE 2019

Question: "Explain the concept of judicial review in India and how it relates to the powers of the Supreme Court."

Answer: Judicial review allows the Supreme Court to ensure that laws, executive actions, and judicial decisions comply with the Constitution. It serves as a mechanism to protect fundamental rights and correct legal or constitutional violations, including through procedures like the review and curative petition.

2. UPSC CSE 2020

Question: "Discuss the role of the Supreme Court in safeguarding the Constitution and protecting individual rights in India."

Answer: The Supreme Court plays a crucial role in upholding the Constitution by interpreting its provisions and ensuring that laws and government actions conform to constitutional mandates. Through tools such as judicial review and curative petitions, the Court safeguards individual rights and ensures justice is served in cases of miscarriage.