Description

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Picture Courtesy: HINDUSTANTIMES

Context

The Union government requested the Supreme Court to hear a curative petition to re-evaluate the July 2024 judgment that granted states the power to tax minerals.

What is Curative Petition?

It is the final and ultimate legal remedy available in the Supreme Court.

It is a judicial innovation designed to prevent the miscarriage of justice and rectify gross errors after a review petition against a final judgment has been dismissed.

Its core principle is based on the legal maxim "actus curiae neminem gravabit", which means an act of the court shall prejudice no one.

Evolution and Legal Basis

The concept of a curative petition is not mentioned in the Constitution.

It was devised by a Constitution Bench of the Supreme Court in the 2002 case of Rupa Ashok Hurra vs Ashok Hurra to address situations of grave injustice.

The authority for a curative petition is derived from the Supreme Court's inherent powers under the Constitution.

Article 137: Grants the Supreme Court the power to review its own judgments.
Article 142: Empowers the Court to pass any order necessary for doing "complete justice" in any matter before it. The curative jurisdiction is seen as an extension of this power.

Grounds and Procedure for Filing

The Supreme Court established very strict and narrow grounds for admitting a curative petition to ensure it is used only in the rarest of cases.

Grounds for Admission

There has been a genuine violation of the principles of natural justice (e.g., the petitioner was not heard).
There are credible allegations of judicial bias against a judge who was part of the original bench.
The original judgment was obtained through fraud or suppression of critical facts.

Filing Procedure

The petition must be certified by a Senior Advocate, confirming that it meets the specified grounds.
It is first circulated in-chambers to a bench comprising the three senior-most judges of the Supreme Court and the judges who delivered the original verdict (if available).
The bench decides by majority if the matter needs to be heard in open court. An oral hearing is granted only in exceptional cases.
If the bench finds the petition to be frivolous or without merit, it can impose exemplary costs on the petitioner.

Curative Petition vs Review Petition

	Review Petition	Curative Petition
Constitutional Basis	Explicitly provided under Article 137 of the Constitution.	A judicial innovation derived from the SC's inherent powers under Article 142, established in the Rupa Ashok Hurra case (2002).
Filing Stage	Filed after the Supreme Court delivers a final judgment. Must be filed within 30 days of the judgment.	Filed only after a review petition has been dismissed.
Grounds	Filed on grounds of an "error apparent on the face of the record," discovery of new evidence, or other sufficient reasons.	Filed on very narrow grounds: violation of natural justice, judicial bias, or fraud leading to a gross miscarriage of justice.

Conclusion

The Curative Petition acts as a safety valve to correct judicial errors resulting in a grave miscarriage of justice, upholding commitment to justice.

Source: HINDUSTANTIMES

Attempt Daily Quiz

PRACTICE QUESTION

Q. Which of the following cases is associated with the introduction of the 'Curative Petition' in the Indian legal system?

A. Kesavananda Bharati vs State of Kerala

B. Maneka Gandhi vs Union of India

C. Rupa Ashok Hurra vs Ashok Hurra

D. S.P. Gupta vs Union of India

Answer: C

Explanation:

The concept of a 'Curative Petition' was introduced in the Indian legal system by the Supreme Court in its judgment in the case of Rupa Ashok Hurra v. Ashok Hurra (2002). It serves as the last legal remedy available to an aggrieved person after a review petition has been dismissed.

Frequently Asked Questions (FAQs)

A curative petition is the last possible legal remedy in the Supreme Court of India. It is a final request to the court to reconsider its own judgment, but it can only be filed after a review petition has already been dismissed. It is used in very rare cases to prevent a gross miscarriage of justice.

The term 'curative petition' is not explicitly mentioned in the Constitution. It is a judicial innovation created by the Supreme Court itself in the Rupa Ashok Hurra v. Ashok Hurra case (2002), drawing upon its inherent powers under Articles 137 and 142.

A review petition is filed to correct an "error apparent on the face of the record" in a judgment and is provided for under Article 137. A curative petition is filed only after the review petition is dismissed and on much stricter grounds, such as violation of natural justice, judicial bias, or fraud, to prevent a gross miscarriage of justice.