Facts for Prelims (FFP)
Source: IE
Context: The Supreme Court’s decision to allow a curative writ petition in the DMRC case signifies an expansion of its powers beyond constitutionally prescribed processes.
- The curative writ, a sparingly used judicial innovation, aims to correct grave miscarriages of justice, as established in the 2002 Rupa Hurra v Ashok Hurra case.
- However, the exercise of curative jurisdiction in a commercial case raises questions about the finality of the Supreme Court’s rulings and the principle of minimum judicial interference.
Curative petition is entitled, if petitioner establishes
- Violation of principles of natural justice; Judge failed to disclose his connection with the subject matter or there is an apprehension of bias and judgement adversely affects petitioner.
