Curative Petition and Review Petition - Easy Explanation
1. Review Petition (ಪುನರ್ ಪರಿಶೀಲನಾ ಅರ್ಜಿ)
Meaning:
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When the Supreme Court gives a final judgment, and someone feels there is a big mistake or something important was missed, they can ask the Court to review (recheck) its own decision.
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It's like telling the Court: "Please check your decision again, I think something is wrong."
This right is given under Article 137 of the Constitution.
It must be filed within 30 days of the Court’s judgment.
The same judges who gave the original decision usually decide the review, and most of the time, it happens without any oral arguments (that is, only based on papers, no speaking in Court).
Why allowed?
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Even judges can make mistakes sometimes. So, there should be a small chance to correct it.
Example:1
Imagine you got marks in an exam, but you think the teacher added the marks wrong. You politely ask, "Can you please check my paper again?" If the teacher finds a mistake, they correct your marks.
Similarly, a Review Petition is like politely asking the Court to double-check its work.
Example:2
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Imagine a cricket match.
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The umpire gives a player "out", but the player thinks he is not out.
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He asks for a review (like DRS).
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The umpire checks again using technology and either confirms or changes the decision.
In Court:
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Review Petition is like asking for a "DRS" against a Court decision.
2. Curative Petition (ಚಿಕಿತ್ಸಾ ಅರ್ಜಿ)
Meaning:
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After the Review Petition is also rejected, if the person still feels there was gross injustice (very serious unfairness), then they can file a Curative Petition.
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It’s like a very last chance to ask the Court to correct the injustice.
Evolved from judicial interpretation- Rupa Ashok Hurra vs. Ashok Hurra (2002)
Not Explicitly mentioned in the Constitution.
There is no fixed time limit to file it, but it should be done quickly after the review is rejected.
Before hearing a Curative Petition, it is first shown to the three senior-most judges and the original judges who gave the judgment. If they agree, it may be heard openly in Court. Also, the person must get a certificate from a senior advocate (an experienced lawyer), showing that natural justice was violated (meaning basic fairness was not given).
Why allowed?
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The Court believes that no one should suffer because of a wrong judgment if it can be corrected.
Example: 1
Imagine you asked the teacher to recheck your exam marks, but they refused. Later you find clear proof (like missing answer sheets). You now go to the Principal and plead, "This is a serious mistake, please help me."
Similarly, a Curative Petition is like begging for justice one final time after everything else has failed.
Example: 2
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Suppose after the cricket review (DRS), the umpire still says "out."
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But later, clear video evidence shows it was a wrong call.
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The player can appeal to the higher referee or ICC to curatively correct it.
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Similarly, in Courts, after Review Petition, if clear injustice is seen, a Curative Petition can be filed.
Main Differences between Review and Curative Petitions
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A Review Petition is about simple rechecking if there was a mistake.
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A Curative Petition is about correcting a serious injustice even after the mistake was not accepted in review.
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Review is a normal correction method given in the Constitution, but Curative is a special rare method made by the Court.
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Review must be filed within 30 days, but Curative has no fixed time, though it should be filed quickly.
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Review is decided mostly without oral hearing, but Curative can have an open court hearing if necessary.
Summary in One Line:
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Review Petition = "Please recheck, there might be a mistake."
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Curative Petition = "Please save me from a serious injustice, this is my last hope."
Key Differences
| Point | Review Petition | Curative Petition |
|---|---|---|
| When? | After the final judgment. | After the Review Petition is dismissed. |
| Purpose? | To correct mistakes or errors. | To correct serious injustice that still remains. |
| Chances? | Higher. | Very, very rare and only in extreme cases. |
In short:
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Review Petition = Asking the Court politely, "Please check your decision again."
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Curative Petition = After Review fails, pleading to Court, "Please correct a serious injustice one final time."
