| Syllabus: GS-II, Subject: Polity, Topic: Judiciary and Tribunal, Issue: Judicial doctrines |
Context: The Supreme Court of India invoked its curative jurisdiction to overturn its 2021 judgment relieving Delhi Metro of a ₹7,687 crore burden.
Curative Jurisdiction:
- Curative petitions are rare and can be filed only after the apex court refuses to review its judgment,
- There are only two main grounds for entertaining such a petition:
- To prevent abuse of process
- To prevent gross miscarriage of justice.
- It is founded on the principle that the court’s concern for justice is no less important than the principle of finality.
- The outcome emphasizes the importance of getting both fact and law correct in arbitration appeals to avoid discouraging commercial litigants.
