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Aspirant Academy

RAS question

The concept of 'Curative Petition' in the Supreme Court was introduced in:

Correct answer: (B) Rupa Ashok Hurra v. Ashok Hurra (2002).

The Supreme Court introduced the concept of a curative petition in Rupa Ashok Hurra v. Ashok Hurra (2002).

  1. (A)

    Vishaka v. State of Rajasthan (1997)

  2. (B)

    Rupa Ashok Hurra v. Ashok Hurra (2002)

  3. (C)

    Kesavananda Bharati case (1973)

  4. (D)

    A.R. Antulay v. R.S. Nayak (1988)

Explanation

A curative petition is the last judicial remedy available to a litigant after a review petition has been dismissed. The cited Supreme Court judgment expressly traces the expression "curative petition" to the Constitution Bench decision in Rupa Ashok Hurra v. Ashok Hurra (2002). It explains that the Court recognised this route to prevent abuse of its process and to cure a gross miscarriage of justice, while keeping the remedy tightly limited so that it does not become a routine second review. The judgment also notes that the Supreme Court Rules, 2013 later incorporated the procedure for curative petitions and linked it to the Rupa Ashok Hurra decision.

Why the other options are wrong

  • (A) Vishaka v. State of Rajasthan (1997) is associated with sexual harassment guidelines, not with the creation of the curative petition remedy.
  • (C) Kesavananda Bharati (1973) introduced the basic structure doctrine, so it belongs to constitutional amendment limits rather than post-review Supreme Court remedies.
  • (D) A.R. Antulay v. R.S. Nayak (1988) did not introduce the curative petition concept; the cited Supreme Court judgment traces that expression to Rupa Ashok Hurra.

Concept

This tests Supreme Court remedies and landmark judgments under Indian Polity. RAS repeatedly uses such questions because they connect constitutional powers, finality of judgments, and exceptional corrective jurisdiction.

Source

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