polity10 May 20261 min read

Supreme Court Ruling on 'Curative Petitions': Clarifying the Scope of Article 142

In a landmark judgment, a five-judge Constitution Bench of the Supreme Court has clarified that 'Curative Petitions' should only be entertained in the rarest of rare cases to prevent abuse of the judicial process. The court emphasized that finality of judgment is essential for the rule of law.

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Supreme Court Ruling on 'Curative Petitions': Clarifying the Scope of Article 142

2-Minute Summary (TL;DR)

Curative petitions are the final legal resort after a review petition is dismissed.
The concept of curative petitions was introduced by the Supreme Court in the Rupa Ashok Hurra (2002) case.
A five-judge Constitution Bench clarified that curative petitions are to be entertained only in 'rarest of rare' cases.
The ruling aims to prevent abuse of the judicial process and uphold the finality of judgments.
The Supreme Court's power under Article 142 of the Constitution is relevant but must be exercised with caution in curative petitions.
The judgment reinforces the importance of the rule of law and judicial finality.
This clarification addresses concerns over the increasing number of curative petitions undermining judicial efficiency.
The decision seeks to re-establish stringent criteria for entertaining such extraordinary remedies.

How This Topic is Tested in Competitive Exams

Exam	Frequency	Approx. Marks	What Gets Asked
UPSC / State PCS	Very High	15–25	Polity is a core UPSC subject. Both Prelims and Mains test constitutional provisions in depth.
State PCS / PSC	High	5–10	State PCS papers test both central and state government structures.
SSC (CGL / CHSL / MTS)	High	4–6	Questions on constitutional amendments, Parliament, and schemes appear in every SSC paper.

What to Memorize from This Topic

Article numbers related to the topic (e.g., Article 356 for President's Rule)
Constitutional bodies: composition, tenure, appointment authority
Recent amendments and their impact
Supreme Court / High Court judgements mentioned in news
Government schemes: ministry, launch year, beneficiaries

Practice Questions

Q1. What is the primary purpose of a curative petition as clarified by the Supreme Court's ruling on May 10, 2026?

To file a fresh appeal against a High Court order.
To seek review of a judgment after the review petition has been dismissed, only in the 'rarest of rare' cases.
To challenge the constitutional validity of a newly enacted law.
To seek interim relief in a pending case.

Explanation: The Supreme Court has clarified that a curative petition serves as the final resort after a review petition has been dismissed. It is to be entertained only in exceptional circumstances, described as the 'rarest of rare' cases, to prevent gross miscarriages of justice.

Q2. Which landmark Supreme Court case introduced the concept of curative petitions in India?

Kesavananda Bharati vs. State of Kerala
Maneka Gandhi vs. Union of India
Rupa Ashok Hurra vs. Ashok Hurra
Vishaka vs. State of Rajasthan

Explanation: The concept of a curative petition was judicially innovated by the Supreme Court of India in the case of Rupa Ashok Hurra vs. Ashok Hurra, decided in the year 2002.

Q3. The Supreme Court's power to pass any order necessary for doing complete justice, relevant to curative petitions, is enshrined in which Article of the Constitution of India?

Article 137
Article 142
Article 143
Article 144

Explanation: Article 142 of the Constitution of India empowers the Supreme Court to pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it. This power is exercised with caution in curative petitions.

Q4. According to the Supreme Court's ruling on May 10, 2026, what is the underlying concern that necessitated the clarification of curative petitions?

The insufficient number of appeals being filed.
The increasing number of curative petitions undermining the finality of judgments and potentially abusing the judicial process.
The need to expedite the disposal of all types of petitions.
The lack of clarity regarding the jurisdiction of lower courts.

Explanation: The Supreme Court observed a surge in curative petitions, leading to concerns about judicial delays and the erosion of the finality of judgments. The ruling aims to prevent the abuse of this extraordinary remedy and reinforce the rule of law.

Q5. What principle does the Supreme Court's clarification on curative petitions primarily seek to uphold?

The principle of 'stare decisis' (precedent).
The principle of 'res integra' (unsettled matter).
The principle of 'res judicata' (a matter decided).
The principle of 'audi alteram partem' (hear the other side).

Explanation: By restricting the scope of curative petitions to 'rarest of rare' cases, the Supreme Court aims to uphold the principle of finality of judgments, which is closely linked to the doctrine of 'res judicata'. This ensures that concluded matters are not perpetually reopened.

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