Understanding the Procedure of Curative Petitions in India

Understanding the Procedure of Curative Petitions in India

LegalKart Editor
LegalKart Editor
09 min read 91 Views
Lk Blog
Last Updated: Apr 2, 2025

Curative petitions serve as the final judicial recourse for an aggrieved party seeking relief against a judgment or order passed by the Supreme Court of India. As the last resort for correcting grave errors, curative petitions embody the Indian judiciary’s commitment to justice and fairness. This detailed guide will explore the concept, origin, procedure, and grounds for filing curative petitions in India, along with relevant case laws and practical implications.

Introduction

The Indian legal system provides various avenues to ensure justice, ranging from appeals to review petitions. However, the curative petition is unique in its nature, being a rare and exceptional remedy designed to correct gross miscarriages of justice even after the exhaustion of all standard legal remedies. It is governed by Article 137 of the Indian Constitution, which permits the Supreme Court to review its own judgments or orders under prescribed circumstances.

In simple terms, a curative petition is a corrective measure allowing the Supreme Court to reconsider its own decision to prevent injustice that may have resulted from biases, errors, or violations of natural justice principles. Unlike appeals or review petitions, the scope of curative petitions is extremely limited, making it a highly specialized legal remedy.

Objective of Curative Petitions

The primary purpose behind the provision of curative petitions is to minimize any misuse of the judicial process and to rectify errors that result in grave injustices. The judiciary operates on the principle of 'interest reipublicae ut sit finis litium,' meaning it is in the public interest that litigation should come to an end. However, the curative petition serves as a safeguard against extraordinary instances where gross miscarriages of justice occur even after review petitions have been dismissed.

The doctrine of 'actus curiae neminem gravabit' (an act of the court shall prejudice no one) underscores the importance of curative petitions. This remedy ensures that any error committed by the judiciary itself does not unjustly harm an individual. By allowing curative petitions, the Supreme Court acknowledges that it is not infallible and strives to preserve the sanctity of justice.

Constitutional Basis - Article 137

Article 137 of the Constitution of India, 1950, provides the Supreme Court with the power to review its own judgments or orders. It reads as follows:

"Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it."

This article, read along with Article 145, grants the Supreme Court the authority to frame rules regulating its practice and procedure, including the process of filing curative petitions. It is pertinent to note that a curative petition is distinct from a review petition and is entertained only under exceptional circumstances.

Evolution of Curative Petitions

The concept of curative petitions was first recognized by the Supreme Court of India in the landmark judgment of Rupa Ashok Hurra vs. Ashok Hurra & Anr. (2002). The case revolved around the question of whether an aggrieved party could seek relief against a final judgment or order of the Supreme Court even after the dismissal of a review petition.

In this case, the petitioner argued that the principles of natural justice had been violated and that there was a reasonable apprehension of bias on the part of the judiciary. Recognizing the need for a remedy in such exceptional situations, the Supreme Court invoked its inherent powers and devised the curative petition as a final recourse to prevent injustice.

The Court laid down specific guidelines to be followed when filing curative petitions, thereby formalizing the procedure and clarifying the grounds on which such petitions can be entertained.

Grounds for Filing a Curative Petition

Curative petitions are not a matter of right but rather a special privilege granted under extraordinary circumstances. The grounds for filing a curative petition are narrow and require strict compliance with the guidelines established by the Supreme Court. These grounds include:

  1. Violation of Principles of Natural Justice: If the petitioner can demonstrate that principles of natural justice were violated during the hearing of the case, a curative petition may be entertained. This includes situations where the petitioner was not provided a fair opportunity to present their case or when the decision was influenced by bias or prejudice.

  2. Bias of a Judge: The petitioner must establish a reasonable apprehension of bias on the part of the judge or judges who delivered the impugned judgment.

  3. New Evidence or Material: In rare cases, if new evidence or material is discovered that could have a significant impact on the judgment, a curative petition may be filed.

  4. Gross Miscarriage of Justice: The Supreme Court may entertain a curative petition if it is satisfied that a gross miscarriage of justice has occurred and that there is a substantial need to rectify the error.

  5. Rejection of Review Petition: The curative petition must explicitly state that all grounds raised in the previous review petition were dismissed by circulation.

Procedure for Filing a Curative Petition

The procedure for filing a curative petition is governed by the guidelines established by the Supreme Court in the Rupa Ashok Hurra case. The key steps involved are as follows:

  1. Certification by a Senior Advocate

  2. Filing Before the Same Bench

  3. Hearing in Chambers

  4. Imposition of Costs

Case Laws Relating to Curative Petitions

  • Rupa Ashok Hurra v. Ashok Hurra (2002)

  • Sushil Kumar Sharma v. Union of India (2005)

  • Nirbhaya Case (2017)

Challenges and Criticisms

Despite its noble intent, the curative petition mechanism faces criticism for its limited applicability and stringent procedural requirements. Many argue that the scope is too narrow, making it inaccessible for genuine cases of injustice. Additionally, the requirement for certification by a senior advocate may act as a barrier for economically disadvantaged litigants.

Significance of Curative Petitions

Curative petitions are an essential tool in safeguarding the principles of justice and fairness. By allowing the judiciary to correct its own mistakes, this mechanism demonstrates the flexibility and commitment of the Supreme Court to uphold constitutional values. It also serves as a deterrent against judicial errors, ensuring accountability and credibility of the legal system.

Conclusion

While the concept of curative petitions is a commendable step towards ensuring justice, its application remains limited due to the stringent conditions laid down by the Supreme Court. As the highest court of the land, it is essential that the Supreme Court maintains the delicate balance between finality of judgments and justice for all. The curative petition remains a valuable legal instrument, emphasizing the Indian judiciary’s commitment to fairness, accountability, and accessibility.

Frequently asked questions

What is the time limit for filing a curative petition in India?

A curative petition must be filed within 30 days from the date of the impugned order or judgment. However, in exceptional circumstances, this time limit may be relaxed by the Supreme Court.

Can a curative petition be filed against a High Court’s judgment?

No, a curative petition can only be filed against a judgment or order passed by the Supreme Court. It is not applicable to High Court judgments.

What is the success rate of curative petitions in India?

The success rate of curative petitions in India is extremely low as the grounds for acceptance are very narrow and stringent. Only cases demonstrating gross miscarriage of justice are considered.

Can curative petitions be filed online in the Supreme Court of India?

No, curative petitions cannot be filed online. They must be physically filed in the Supreme Court following the prescribed procedures.

What are the common reasons for rejection of curative petitions?

Common reasons include lack of merit, failure to establish violation of principles of natural justice, lack of certification by a senior advocate, and submission of frivolous petitions.

Is a curative petition the same as a mercy petition?

No, a curative petition is a judicial remedy seeking correction of a judicial error by the Supreme Court, while a mercy petition is a plea for clemency submitted to the President of India in criminal cases involving death penalties.

How does the certification by a senior advocate impact the filing of a curative petition?

Certification by a senior advocate ensures that the petition meets the prescribed criteria for filing and highlights the merit of the case. Without such certification, a curative petition is unlikely to be entertained.

What are the implications of a dismissed curative petition?

If a curative petition is dismissed, the judgment or order of the Supreme Court remains final and binding. No further appeals or curative petitions can be filed on the same matter.

Can a curative petition be filed more than once for the same case?

No, only one curative petition is allowed per case. Repeated filing of curative petitions is not permitted under the guidelines established by the Supreme Court.

What role does the Chief Justice of India play in curative petitions?

The Chief Justice of India may determine whether a curative petition requires a hearing in an open court or if it can be dismissed without further consideration. The Chief Justice also plays a role in constituting the bench to hear the curative petition.

Online Consultation

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls

Frequently asked questions

What is the time limit for filing a curative petition in India?

A curative petition must be filed within 30 days from the date of the impugned order or judgment. However, in exceptional circumstances, this time limit may be relaxed by the Supreme Court.

Can a curative petition be filed against a High Court’s judgment?

No, a curative petition can only be filed against a judgment or order passed by the Supreme Court. It is not applicable to High Court judgments.

What is the success rate of curative petitions in India?

The success rate of curative petitions in India is extremely low as the grounds for acceptance are very narrow and stringent. Only cases demonstrating gross miscarriage of justice are considered.

Can curative petitions be filed online in the Supreme Court of India?

No, curative petitions cannot be filed online. They must be physically filed in the Supreme Court following the prescribed procedures.

What are the common reasons for rejection of curative petitions?

Common reasons include lack of merit, failure to establish violation of principles of natural justice, lack of certification by a senior advocate, and submission of frivolous petitions.

Is a curative petition the same as a mercy petition?

No, a curative petition is a judicial remedy seeking correction of a judicial error by the Supreme Court, while a mercy petition is a plea for clemency submitted to the President of India in criminal cases involving death penalties.

How does the certification by a senior advocate impact the filing of a curative petition?

Certification by a senior advocate ensures that the petition meets the prescribed criteria for filing and highlights the merit of the case. Without such certification, a curative petition is unlikely to be entertained.

What are the implications of a dismissed curative petition?

If a curative petition is dismissed, the judgment or order of the Supreme Court remains final and binding. No further appeals or curative petitions can be filed on the same matter.

Can a curative petition be filed more than once for the same case?

No, only one curative petition is allowed per case. Repeated filing of curative petitions is not permitted under the guidelines established by the Supreme Court.

What role does the Chief Justice of India play in curative petitions?

The Chief Justice of India may determine whether a curative petition requires a hearing in an open court or if it can be dismissed without further consideration. The Chief Justice also plays a role in constituting the bench to hear the curative petition.

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart