Curative Petitions

Final Constitutional Remedy – Supreme Court of India

A Curative Petition is an extraordinary constitutional remedy evolved by the Supreme Court of India to prevent miscarriage of justice. It is the final judicial recourse available after the dismissal of a Review Petition, and is entertained only in the rarest of rare cases.

Grounds for Curative Petition

Violation of Natural Justice

Where the petitioner was not afforded a fair hearing or was not impleaded despite being a necessary party.

Bias of the Bench

When there is a reasonable apprehension of bias affecting the judicial decision-making process.

Gross Miscarriage of Justice

Exceptional circumstances where the judgment results in grave and irreversible injustice.

Violation of Constitutional Principles

Errors striking at the root of constitutional interpretation or fundamental rights.

Procedure & Safeguards

1. Certification by Senior Advocate

The petition must be accompanied by a certification from a Senior Advocate affirming the existence of valid grounds.

2. Circulation in Chambers

The petition is circulated to the judges who delivered the impugned judgment and senior-most judges.

3. No Open Court Hearing

Ordinarily decided in chambers without oral arguments, unless the Court deems it necessary.

4. Costs & Deterrence

Exemplary costs may be imposed to discourage frivolous or abuse of process.

Why Engage Us

Curative Petitions demand the highest level of legal scrutiny, precision drafting and constitutional insight. With extensive Supreme Court practice, we assess maintainability objectively and pursue only cases meeting the stringent curative standards.

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Supreme Court Review & Curative Petition Advisory