OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 603-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper provides an insightful exploration of curative jurisdiction, a rare and extraordinary judicial mechanism formulated by the Supreme Court of India aimed at rectifying gross miscarriages of justice. Rooted in the Supreme Court’s decision in Rupa Ashok Hurra v. Ashok Hurra & Anr.^[1], the curative jurisdiction framework safeguards the principles of natural justice when conventional remedies fail. The analysis navigates through procedural requirements, foundational principles, and the application of curative powers in various landmark cases, with a particular focus on the recent decision of Supreme Court in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Pvt. Ltd^[2]. This case illustrates a nuanced shift, as the Supreme Court addressed procedural lapses and misinterpretations in its earlier judgment, allowing the curative petition in a commercial dispute—a rare move that raises critical questions about the boundaries of judicial intervention, the finality of judgments, and the sanctity of arbitration awards. Through a balanced critique, this research paper reflects on the evolving dynamics of curative jurisdiction, emphasizing the need for judicial restraint and consistent standards to preserve its credibility and prevent misuse.

Keywords: Curative Jurisdiction, Supreme Court of India, Miscarriage of Justice, Finality of Judgments, Judicial Accountability, Judicial Intervention, Commercial Law.

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[1] (2002) 4 SCC 388

[2] (2024) 6 SCC 357