BharatNotes Curative Petition
noun (countable)Usage in a UPSC answer
The convicts in the Nirbhaya case filed curative petitions before the Supreme Court as the last available judicial remedy, arguing violation of natural justice in the earlier review proceedings, though the court dismissed them in December 2019.
Synonyms
Antonyms
Word Family
cure (verb/noun), curative (adjective), curation (noun), petition (noun/verb), petitioner (noun)
Root
Latin curare (to take care of, to cure) ← cura (care, concern) + Latin petitionem ← petere (to seek)
Etymology
Curative derives from Medieval Latin curativus (having the power to cure), related to cura (care). The compound 'curative petition' is a judicial coinage from Rupa Ashok Hurra (2002), using curative in the sense of remedying a judicial error, not a medical cure.
Memory Hook
A CURATIVE petition cures an incurable judicial error — like a medical cure for a chronic disease. It comes after review (when even the doctor's second opinion failed) — the last prescription.
How This Word Works in UPSC Writing
The last door in Indian litigation, and a favourite GS2 judiciary question. The sequence to state correctly is judgment, then review, then curative. The remedy was created by the Supreme Court in Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388, not by statute, which makes it a good example of the Court's inherent power. Write it as an exceptional remedy, since the Court itself said the power should not be exercised as a matter of course.
Don’t Confuse It With
Do not use it interchangeably with review petition or appeal. An appeal moves upward to a higher forum; a review asks the same court to look again at a judgment; a curative petition is filed only after a review has been dismissed, and only on narrow grounds such as a violation of natural justice.
Hindi Meaning
उपचारात्मक याचिका (upchārātmak yāchikā); पुनर्विचार याचिका (punarvichār yāchikā) is the review petition, a distinction worth keeping straight.
Common Questions
- What is a curative petition?
- It is the final remedy in Indian law, filed in the Supreme Court after a review petition has been dismissed, to prevent abuse of process or a gross miscarriage of justice. It was created in Rupa Ashok Hurra v. Ashok Hurra (2002).
- How is a curative petition different from a review petition?
- A review petition is the first request to the same court to reconsider its judgment. A curative petition can be filed only after that review has failed, and is heard on much narrower grounds.
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