A Constitution Bench on September 19 decided that majority decision of a Bench of larger strength will prevail over the decision of a Bench of less strength, irrespective of the number of judges constituting the majority.
Key points of the judgement
- The lead judgment written by Justice Indira Banerjee held that under Article 145(5) of the Constitution, concurrence of a majority of the judges at the hearing would be considered as a judgment or opinion of the court.
- A decision delivered by a Bench of largest strength is binding on any subsequent Bench of lesser or coequal strength.
- The bench relied upon a SC: Bench’s size matters, not number of concurring judges 2021 judgment by a coordinate five-judge bench on the issue.
- The 2021 judgment laid down that the precedential legitimacy of a larger bench ruling must be considered a thumb rule for stability in the law.
- Borrowing from the 2021 ruling, the court on 19th September declared that the overall headcount of judges on a bench will guide the doctrine of precedence irrespective of the number of judges constituting the majority in the smaller bench.
- Article 145(5) states that no judgment shall be delivered by the Supreme Court without the concurrence of a majority of the judges present at the hearing of the case, but nothing in this clause shall prevent a judge from delivering a dissenting judgment.
