Sounding the gavel on curative jurisdiction

The Supreme Court of India is a rather extraordinary court. In addition to its being the highest court of appeal, a federal court, as well as a court of advisory jurisdiction, it also possesses the power to appoint and transfer judges of the High Courts and the Court itself.

In 2002, the Court took on a new power called the “Curative Jurisdiction”. It is a power to correct its judgments, after they have become final. This is distinct from the power of review under Indian law, which enables all courts to rectify errors which are apparent from their records.

The Court has a constitutional role to declare the law. The law must, and often does, progress with the growth in human knowledge and with societal change. The judgments of courts must reflect and sometimes trigger the changes in law. It is for this reason that courts modify their views. Examples of changes in the Court’s views include the right of privacy, decriminalisation of homosexuality and so on. Curative Jurisdiction is different. This is not merely the Court changing its view on a position of law but is a reversal of the Court’s own view in a specific case, above and beyond even the power of review.