• UGI USER
  • Apr 24, 2023
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Curative Petition

Context: The Centre informed the Supreme Court (SC) that it is keen to pursue the curative petition filed by the erstwhile United Progressive Alliance government in 2010 seeking additional compensation of Rs 7,844 crore from Union Carbide Corporation (now Dow Chemical Company) for the 1984 Bhopal gas tragedy victims.

About Curative Petition

  • The Curative Petition is the last chance available for protection from the compensation of injustice in court after the review petition is dismissed or has been exhausted.
  • It is a concept that evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition.
  • The Supreme Court held that to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers.
  • The main difference between the review petition (Article 137) and curative petition is the fact that review petition is inherently provided in the constitution of India whereas the emergence of the curative petition is in relation with the interpretation of the review petition by the Supreme Court
  • The curative petition is heard by the top three judges including the Chief Justice along with the judges who dismissed the review petition
Constitutional Bench

●     A Constitution Bench is a bench of the Supreme Court having five or more judges on it.

●     These benches are not a regular phenomenon.

●     A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three.

Circumstances for Constitutional Bench to Exist

●     Article 145(3) provides, “The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.”

●     Article 143:

○     When the President seeks the Supreme Court’s opinion under law under Article 143 of the Constitution.

○     As per the provision, the President of India has the power to address questions to the Supreme Court, which he deems important for public welfare.

○     The Supreme Court upon reference advises the President by answering the query. However, such referral advice by the apex court is not binding on the President, nor is it ‘law declared by the Supreme Court’.

Conflicting Judgments:

●     When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.

●     The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.

 

Practice Question

1.    What is Curative Petition? Why it is called last chance for justice?