ABSTRACT
aśhraddadhānāḥpuruṣhādharmasyāsyaparantapa
aprāpyamāṁnivartantemṛityu-samsāra-vartmani
- Bhagavad Gita, Chapter 09, verse 3[1]
“Faith”on the Supreme body of the nation evolves through the concept of Curative Jurisdiction in Arbitration Matters. This extraordinary power, reflecting the principles of restoring justice as described in the Bhagavad Gita 9.3 reminds us about the rooted gem of having trust in one supreme power when the matter goes wrong. It is crucial in arbitration matters governed by the Arbitration and Conciliation Act, 1996.
The recent judgment in Delhi Metro Rail Corporation Limited v. Delhi Airport Metro Express Pvt. Ltd. highlights how the Court used its curative powers to overturn an unjust arbitral award. This case illustrates that the Supreme Court remains a bastion of justice, capable of correcting significant errors, ensuring fairness and building public trust.Parties should use curative petitions only for substantial injustice, avoiding excessive appeals that can clutter the judicial system and hinder arbitration’s efficiency.
Litigants are encouraged to pursue curative petitions judiciously, ensuring that their grievances are genuine and not merely procedural delays. As the judicial system balances correcting errors with maintaining the finality of arbitration, it is crucial to remember that justice, much like a finely-tuned instrument, must be approached with precision and respect.
In the quest for justice, the Supreme Court’s curative jurisdiction serves as a beacon, ensuring that the scales of fairness are balanced, even if it means revisiting final judgments to uphold righteousness.
Keywords: Curative Jurisdiction, Judicial Intervention, Arbitration, Judicial Error, Arbitral Award.
yadāyadā hi dharmasyaglānirbhavatibhārata
abhyutthānamadharmasyatadātmānaṁsṛijāmyaham
~Bhagavad Gita: Chapter 4, Verse 7[2]
INTRODUCTION
Curative jurisdiction, enshrined in Article 142 of the Indian Constitution, empowers the Supreme Court of India to ensure justice by taking exceptional measures in cases where rectification is necessary despite the finality of its judgments. This provision allows the Court to correct gross injustices and uphold fairness, reflecting the principles described in the Bhagavad Gita, where the divine interventioni.e. Supreme Court is intended to restore righteousness and justice in society (Bhagavad Gita 4.7).
Arbitration, as a preferred method of dispute resolution, is governed by the Arbitration and Conciliation Act, 1996. The arbitration process involves an agreement to resolve disputes through arbitration, appointing impartial arbitrators, conducting hearings, and issuing a binding arbitral award. Challenges are limited to grounds like procedural irregularities or public policy violations.
[1]Swami Mukundananda, BG 9.3: Chapter 9, Verse 3 – Bhagavad Gita, The Song of God – Swami Mukundananda, https://www.holy-bhagavad-gita.org/chapter/9/verse/3 (last visited Aug 23, 2024).
[2]Swami Mukundananda, BG 4.7: Chapter 4, Verse 7 – Bhagavad Gita, The Song of God – Swami Mukundananda, https://www.holy-bhagavad-gita.org/chapter/4/verse/7 (last visited Aug 21, 2024).