Supreme Court Lawyer for Curative PetitionTrusted guidance for matters before the Supreme Court of India
A Curative Petition is the last constitutional remedy before the Supreme Court — filed after a review petition is dismissed — only on the narrowest of grounds to prevent miscarriage of justice. Our experienced advocates carefully evaluate whether your matter meets the strict threshold for a curative.
What is a Curative Petition?
A Curative Petition is a judicial innovation of the Supreme Court of India — established in Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388. It is the last constitutional court remedy available after the Supreme Court dismisses a review petition. It is not a third appeal but a corrective tool to cure gross miscarriages of justice.
The Supreme Court created the curative petition to prevent abuse of its process while ensuring that the fundamental principle that no one should suffer due to a grave miscarriage of justice is upheld. The petition must be certified by a Senior Advocate of the Supreme Court that there are valid grounds for a curative petition.
A curative petition lies on only two grounds: (i) that the principles of natural justice were violated — the petitioner was not heard or a relevant party was not impleaded; or (ii) that a judge who was party to the impugned judgment had not disclosed a conflict of interest that, had it been known, would have disqualified him/her from hearing the case.
When Can You File a Curative Petition?
- The Supreme Court's judgment was delivered without giving you an opportunity of being heard — violation of audi alteram partem (hear the other side)
- A judge who decided your case had a direct conflict of interest (personal/financial) that was not disclosed and would have disqualified him/her
- The review petition was dismissed but a grave miscarriage of justice has occurred that goes to the root of the matter
- The matter involves a death sentence and every available remedy to correct a possible error must be exhausted
How a Curative Petition is Filed
- 1
Senior Advocate Certification
The curative petition must be certified by a Senior Advocate of the Supreme Court stating that it is based on genuine curative grounds. This is a mandatory threshold requirement.
- 2
File After Review Dismissal
A curative petition can only be filed after the review petition is dismissed. It is filed in the same matter before the same Registry.
- 3
Circulation to Three Senior Judges
The petition is circulated to the three most senior judges of the Supreme Court (including the CJI) and to the judges of the Bench that delivered the original judgment.
- 4
Oral Hearing (If Granted)
If a majority of the senior judges (on circulation) find the petition prima facie meritorious, they direct that it be listed for hearing in open court by the largest possible bench.
- 5
Outcome
If the curative petition is allowed, the original judgment is recalled and reheard. If dismissed, no further judicial remedy is available — executive clemency (presidential pardon) in criminal matters is the last resort.
Key Legal Provisions
(2002) 4 SCC 388
“The landmark judgment creating the curative petition as a judicial innovation to prevent gross miscarriage of justice after review is exhausted.”
Constitution of India
“The Supreme Court's inherent power to do complete justice — the constitutional basis for the curative petition jurisdiction.”
Constitution of India
“Power to review — exhausted before a curative petition can be filed.”
Important Notes on Timelines
Pre-requisite
Review dismissed
Curative lies only after review petition is dismissed
Senior Advocate Certificate
Before filing
Mandatory certification — must be obtained before filing the petition
Circulation
Weeks to months
Three senior judges review by circulation; oral hearing only if majority so directs
⚠ Limitation periods are strictly enforced. Always consult a lawyer before the deadline passes.
Frequently Asked Questions — Curative Petition
Talk to Supreme Court Advocates About Curative Petition
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