Curative petition

Requirements of Curative Petition

Here are the key requirements for filing a curative petition in India:

• Timing - A curative petition must be filed within a reasonable time after the final judgement or order of the Supreme Court. Usually within 4-6 weeks.
• Scope - It can only challenge the judgement or order on very limited grounds like violation of principles of natural justice or lack of jurisdiction. Cannot reargue on merits.
• Prior Petitions - The petitioner must have already exhausted other judicial remedies like review petition and writ petition before approaching with a curative plea.
• Certification - A senior advocate must certify that the matter deserves to be re-examined on permitted grounds. 
• Deposit - A deposit of Rs 50,000 must accompany the curative petition as court fees. 
• Hearing - The petition is usually circulated in-chambers between judges who delivered the impugned judgement and other bench judges. Rarely heard openly.
• Threshold - The petition must clearly establish substantial injustice and violation of natural justice principles to be considered. Not readily entertained.
• Orders - If accepted, the court can issue any order to rectify the fundamental injustice. But dismissal is usually final and no appeal is permitted.

So in summary, curative petitions have a high threshold and are entertained only in exceptional cases after all other remedies are exhausted. The requirements ensure they are not misused frequently.