Finality and justice

La Excellence IAS Academy

Finality and justice

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La Excellence IAS Academy | April 12, 2024 | Indian Polity



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.

Source: Indian Express

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