Daily News Analysis

Curative petition

stylish_lining

What is Curative petition

  1. It acts the last resort for a petitioner for protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted.
  2. It is a judicial innovation by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) case.
  3. Such petitions are considered to cure gross miscarriage of justice in the cases.
  4. No time limit is given for filing curative petition.
  5. Article 137 of Constitution of India guarantees Curative petition as it confers the power to the Supreme Court to review of its own judgements and orders.
  6. review petition and curative petition differs in the aspect that the former is inherently provided in the constitution whereas, the emergence latter is in relation with the interpretation of the review petition by the Supreme Court which is enshrined in article 137.

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.

 

India’s Fiscal Federalism

India needs to ensure equitable fiscal federalism by strengthening states’ financial autonomy and restoring balance in tax devolution and grants. A healthy fiscal federal structure is essent
Share It

United Nations Secretary-General

The United Nations has officially launched the selection process for the next Secretary-General (SG), who will assume office in January 2027, after Antonio Guterres completes his second term on 31
Share It

Assam Prohibition of Polygamy Bill, 2025

The Chief Minister of Assam introduced the Assam Prohibition of Polygamy Bill, 2025 in the Assam Legislative Assembly with the objective of criminalizing polygamy across the state. The Bill seeks
Share It

Ramban Sulai Honey

The Prime Minister, in the 128th episode of ‘Mann Ki Baat’, highlighted Ramban Sulai Honey from Jammu and Kashmir, noting that it has gained wider national recognition after receiving
Share It

State of the World’s Children (SWOC) 2025 – UNICEF Report

The State of the World’s Children (SWOC) 2025, released by UNICEF, highlights the growing crisis of extreme child poverty and multidimensional deprivation, particularly affecting developing
Share It

Mughal Miniature Painting

A Mughal miniature painting titled “A Family of Cheetahs in a Rocky Landscape”, attributed to the celebrated Mughal painter Basawan (c. 1575–80), has set a new world record at Ch
Share It

Formation Day

On 1st November, eight Indian states—Andhra Pradesh, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, and Tamil Nadu—along with five Union Territories—Andaman an
Share It

Sal Tree

Scientists from the Environment Department of Himachal Pradesh University (HPU) in Shimla have recently revealed that the Sal tree (Shorea robusta) is the most effective natural air purifier for c
Share It

US Resumes Nuclear Weapon Testing

The President of the United States has ordered the resumption of nuclear weapon testing after a gap of 33 years, the last test being in 1992. This decision marks a significant shift in global nucl
Share It

Introduction of AI and Computational Thinking (CT) in School Education

The Ministry of Education plans to introduce Artificial Intelligence (AI) and Computational Thinking (CT) from Class 3 onwards in the 2026–27 academic year. This initiative is part of the Na
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS