Context: Recently, the Supreme Court has invoked curative writ petition in reviving the 2019 Delhi High Court judgment that partially set aside the Delhi Metro arbitration award, is a sparingly used judicial innovation to correct a “grave miscarriage of justice”.

Constitutional Background

• The Article 137 of the Indian Constitution broadly supports the idea of a curative petition.

• It states that the "Supreme Court has the power to review any judgment pronounced (or order made) by it if the matter concerns the laws and rules made under Article 145".

About the Curative Petition

• It is a concept that originated in India and is used as a last resort to seek justice from the Supreme Court.

• It is a rare legal remedy for those who believe they have been wronged by the court’s decision.

• Objective: To ensure there is no miscarriage of justice and to prevent abuse of process.

Origin

• A curative writ jurisdiction as a layer of appeal against a Supreme Court decision is not prescribed in the Constitution.

• It is a judicial innovation, designed for correcting ‘grave injustices’ in a ruling of the country’s top court.

• The concept of a curative petition was first introduced by the Supreme Court of India in the case of Rupa Ashok Hurra vs Ashok Hurra and Anr (2002).

Criteria for admission

• It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice.

• It can be admitted where a judge has failed to disclose facts that raise the apprehension of bias.

• A curative petition needs a senior advocate’s certification that mentions a good number of reasons to consider it.

Procedure for Filing

• A curative jurisdiction can only be filed after a review plea has already been dismissed by the Supreme Court.

• It must be first circulated to a Bench of three senior-most judges, and the judges who passed the concerned judgement, if available.

• If the majority of the judges on this Bench agree that the matter needs hearing, then it would be sent to the same Bench (as far as possible) which passed the judgement affecting the petition.