Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
Related Articles
Concept :
A curative petition is a final judicial remedy available in India to challenge the decisions of the Supreme Court. It’s a last resort option used to rectify a perceived miscarriage of justice in a case where all other legal avenues have been exhausted.
Understanding Curative Petitions :
- Eligibility: Only individuals or parties who have already filed a review petition against the Supreme Court’s final judgment can submit a curative petition.
- The review petition must have been dismissed.
Grounds for Filing:
- Curative petitions are typically entertained if they demonstrate:
- Violation of Natural Justice: The petitioner’s right to be heard was not upheld during the original proceedings.
- Discovery of New and Relevant Evidence: Crucial evidence that could significantly impact the case was not presented earlier due to genuine reasons.
- Discretionary Power: The Supreme Court has the discretion to decide whether to entertain a curative petition. A bench of three senior-most judges, along with the judges who delivered the original judgment (if available), considers the petition.
- Limited Scope: Curative petitions are not meant for a re-hearing of the case. They focus on specific legal errors or new evidence that could potentially alter the original verdict.
- Rarest of Rare Cases: Curative petitions are a last resort and are entertained only in exceptional circumstances with the potential for a grave miscarriage of justice.
