Analysing the Supreme Court's Curative Jurisdiction

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Analysing the Supreme Court's Curative Jurisdiction Blog Image

Why in News?

  • The Supreme Court of India is a multifaceted institution, serving as the highest court of appeal, a federal court, and an advisory body.
  • One of its notable powers is the Curative Jurisdiction, introduced in 2002, which allows the Court to correct its judgments even after they have become final.
  • However, the exercise of this jurisdiction has sparked debates regarding its impact on judicial stability and the role of the Supreme Court in shaping legal precedents.


  • The case of Delhi Metro Rail Corporation Ltd. vs Delhi Airport Metro Express Pvt Ltd (DMRC vs DAMEPL) serves as a focal point for examining the implications of the SC's Curative Jurisdiction.
  • In this case, the Court, for the first time, set aside an arbitral award, citing reasons such as a perceived misinterpretation of the termination clause and the alleged disregard for vital evidence by the Arbitral Tribunal.

Curative Jurisdiction: Analysis, Implication, Scope, and Public Perception

  • Impact On the Sanctity of Arbitral Awards
    • One of the primary concerns surrounding the exercise of curative jurisdiction is its potential impact on the sanctity of arbitral awards.
    • Arbitration, as an alternative dispute resolution mechanism, relies on finality and enforceability of awards to maintain its effectiveness.
    • By intervening in arbitral decisions, especially in cases where there is a perception of judicial overreach, the Court risks undermining the fundamental principles of arbitration, including party autonomy and expeditious resolution of disputes.
  • Judicial Consistency vs. Flexibility
    • The tension between judicial consistency and flexibility becomes apparent when considering the implications of curative jurisdiction.
    • While consistency in legal interpretation fosters predictability and stability in the law, it may also stifle innovation and progress.
    • On the other hand, excessive flexibility could lead to uncertainty and unpredictability, eroding public trust in the judicial system.
  • Scope of Judicial Review
    • The exercise of curative jurisdiction raises questions about the scope of judicial review and the boundaries of judicial authority.
    • While the Court's role as the final interpreter of the law is undisputed, the extent to which it can intervene in its own judgments without encroaching upon the domain of legislative or executive branches warrants careful consideration.
  • Implications for Legal Precedent
    • The precedential value of Supreme Court judgments is crucial for maintaining consistency and coherence in the legal system.
    • However, the exercise of curative jurisdiction may disrupt established precedents and create uncertainty regarding the binding nature of judicial decisions.
    • While the Court's willingness to correct past errors is commendable, it must ensure that such corrections are made judiciously and do not undermine the integrity of the legal framework.
  • Public Perception and Trust in the Judiciary
    • The Court's credibility hinges on its ability to administer justice impartially and with integrity.
    • Excessive or arbitrary exercise of curative powers may erode public confidence in the judiciary and diminish its authority as an arbiter of legal disputes.

Critique of Judicial Instability

  • Undermining Legal Certainty
    • One of the fundamental principles of the rule of law islegal certainty, which entails predictability and consistency in legal outcomes.
    • The exercise of curative jurisdiction, especially when it involves reversing final judgments, undermines this principle by creating uncertainty about the finality and enforceability of judicial decisions.
    • Parties involved in legal disputes may find it difficult to rely on the stability of the law when the Supreme Court can reverse its own rulings, leading to confusion and distrust in the judicial process.
  • Erosion of Judicial Authority
    • Judicial stability is closely linked to the authority and legitimacy of the judiciary.
    • When the Supreme Court reverses its own judgments through curative measures, it may appear indecisive or inconsistent in its decision-making, thereby weakening its authority as the final interpreter of the law.
    • This erosion of judicial authority can have far-reaching consequences, including diminished public confidence in the judiciary and increased scepticism about the fairness and impartiality of judicial proceedings.
  • Disruption of Legal Precedent
    • The stability of legal precedent is essential for maintaining coherence and continuity in the legal system.
    • However, the exercise of curative jurisdiction introduces the risk of disrupting established precedents and creating inconsistency in judicial rulings.
    • This can undermine the reliability of legal principles and lead to confusion among legal practitioners, litigants, and lower courts.
    • Moreover, frequent reversals of judgments may hinder the development of clear and consistent legal doctrines, hindering the evolution of the law.
  • Potential for Judicial Overreach
    • Judicial stability serves as a check against judicial overreach, ensuring that the judiciary remains within its constitutional bounds and respects the separation of powers.
    • However, the exercise of curative jurisdiction raises concerns about the Court's potential to exceed its authority and interfere with the legislative or executive branches of government.
    • By revisiting and reversing its own judgments, the Court may be perceived as overstepping its role and encroaching upon the domains of other branches of government, thereby undermining the principles of checks and balances.

Ways Ahead to Balancing Judicial Oversight Stability

  • Ensuring Judicial Accountability
    • Judicial oversight, including the exercise of curative jurisdiction, is essential for holding judges accountable for their decisions and ensuring adherence to legal standards.
    • It provides a mechanism for correcting errors and addressing instances of judicial misconduct or arbitrariness.
    • However, excessive oversight may impede judicial independence and autonomy, undermining the judiciary's ability to impartially adjudicate disputes and interpret the law.
  • Promoting Legal Stability
    • Legal stability is a cornerstone of the rule of law, fostering predictability, consistency, and confidence in the legal system.
    • By upholding established precedents and minimising disruptions to settled legal principles, the judiciary contributes to the maintenance of legal stability.
    • However, the exercise of curative jurisdiction introduces a degree of uncertainty by allowing the Court to revisit and potentially reverse its own judgments, challenging the stability of legal doctrine and the reliability of judicial decisions.
  • Respecting Separation of Powers
    • Balancing judicial oversight with stability necessitates a recognition of the separation of powers and the respective roles of the judiciary, legislature, and executive.
    • While the judiciary has a vital role in interpreting and applying the law, it must exercise restraint to avoid encroaching upon the domains of other branches of government.
    • The exercise of curative jurisdiction should be guided by principles of judicial deference and respect for legislative intent, particularly in matters where judicial intervention may undermine democratic processes or policy decisions.


  • The SC's Curative Jurisdiction represents a powerful tool for correcting judicial errors but also poses challenges to judicial stability and consistency.
  • The case of DMRC vs DAMEPL underscores the need for a nuanced approach to balancing judicial oversight with legal certainty.

Ultimately, the Court's role as the final interpreter of the law demands a judicious exercise of its curative powers to maintain public confidence in the integrity of the legal system.

Q)What is the significance of the separation of powers in a democracy?

The separation of powers ensures that governmental authority is divided among different branches—legislative, executive, and judicial—preventing any single branch from gaining too much power. This system fosters checks and balances, safeguarding against tyranny and promoting accountability.

Q) How does the separation of powers contribute to the functioning of a democracy?

By distributing powers among distinct branches, the separation of powers fosters a system of accountability and prevents the concentration of authority in the hands of a few. It enables each branch to serve as a check on the others, ensuring that no single entity can dominate the political landscape and allowing for a more balanced and responsive governance structure.
Source:The Hindu