Precedents are previous court cases that are used to guide future legal decisions. There are four types of precedents: 1) Authoritative precedents that judges must follow, including absolute precedents they must always follow and conditional precedents they can disregard in special cases; 2) Convincing precedents that judges can choose to follow as they see fit; 3) Original precedents that establish new legal rules; and 4) Declaratory precedents that simply apply existing rules. Precedents provide consistency, efficiency, and help adapt laws to changing social conditions.
Precedent refers to principles or rules established by higher courts that lower courts must follow when deciding similar cases. Binding precedents come from superior courts within the same hierarchy, while persuasive precedents from other hierarchies or courts of equal rank can be considered but are not obligatory. The Supreme Court's rulings are binding on all Indian courts, though it is not bound by its own precedents. Precedents promote predictability, stability, fairness and efficiency but also present challenges like distinguishing key ratios and tracking numerous rulings. Overall, precedents are an important source of law but require effective recording mechanisms.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
The system of precedent is a key feature of common law, whereby judges must resolve disputes based on decisions made in similar past cases. This ensures consistent and coherent development of the law over time. Precedent is established primarily in two ways - when there is no existing law on a matter, and when legislation needs to be interpreted. Binding precedent means lower courts must follow the decisions of higher courts in similar cases. Persuasive precedent from other jurisdictions or courts may also influence rulings but courts are not bound by them.
Customs can be a source of law if they meet certain criteria. To be legally valid, a custom must have been practiced continuously and openly for a long period of time, generally exceeding human memory. It must also be reasonable and not opposed to public policy or morality. Examples of customs that form part of law include the Hindu marriage ritual of Saptapadi and local customs allowed by certain acts if proven to exist. Customs are divided into those with and without state sanction, with legal customs being absolutely binding and enforced by courts either generally across a territory or locally.
Precedents are previous court cases that are used to guide future legal decisions. There are four types of precedents: 1) Authoritative precedents that judges must follow, including absolute precedents they must always follow and conditional precedents they can disregard in special cases; 2) Convincing precedents that judges can choose to follow as they see fit; 3) Original precedents that establish new legal rules; and 4) Declaratory precedents that simply apply existing rules. Precedents provide consistency, efficiency, and help adapt laws to changing social conditions.
Precedent refers to principles or rules established by higher courts that lower courts must follow when deciding similar cases. Binding precedents come from superior courts within the same hierarchy, while persuasive precedents from other hierarchies or courts of equal rank can be considered but are not obligatory. The Supreme Court's rulings are binding on all Indian courts, though it is not bound by its own precedents. Precedents promote predictability, stability, fairness and efficiency but also present challenges like distinguishing key ratios and tracking numerous rulings. Overall, precedents are an important source of law but require effective recording mechanisms.
This document discusses precedents in Indian law. It defines precedent as a legal principle or rule created by a court to guide future similar cases. There are authoritative and persuasive precedents. The doctrine of stare decisis requires subordinate courts to follow Supreme Court rulings. Precedents provide predictability and fairness but researching numerous precedents can be tedious. Some landmark Indian cases that created important precedents include Vishakha v. State of Rajasthan on sexual harassment and PUCL v. Union of India on the right to food.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
The system of precedent is a key feature of common law, whereby judges must resolve disputes based on decisions made in similar past cases. This ensures consistent and coherent development of the law over time. Precedent is established primarily in two ways - when there is no existing law on a matter, and when legislation needs to be interpreted. Binding precedent means lower courts must follow the decisions of higher courts in similar cases. Persuasive precedent from other jurisdictions or courts may also influence rulings but courts are not bound by them.
Customs can be a source of law if they meet certain criteria. To be legally valid, a custom must have been practiced continuously and openly for a long period of time, generally exceeding human memory. It must also be reasonable and not opposed to public policy or morality. Examples of customs that form part of law include the Hindu marriage ritual of Saptapadi and local customs allowed by certain acts if proven to exist. Customs are divided into those with and without state sanction, with legal customs being absolutely binding and enforced by courts either generally across a territory or locally.
Ratio decidendi, Obiter Dicta and Stare DecisisShruti Jhanwar
The ratio decidendi refers to the legal principle or rule of law that is the basis for a court's decision in a case. It is the precedent that is binding on lower courts in future similar cases, rather than the actual decision itself. An obiter dictum refers to remarks or opinions expressed by a judge that are incidental to the case but not directly part of the ratio. The doctrine of stare decisis means that courts must adhere to precedents and apply the same legal principles established in past cases with similar material facts, bringing certainty and uniformity to the legal system.
This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.
This document summarizes a presentation on judicial precedent given by Arpita Das, Mitu Chowdhury, and Sahadat Hossain at Green University of Bangladesh's Department of Law. It was supervised by Dr. MD Mehedi Hasan, Assistant Professor at the Department of Law. The presentation covered the definition of precedent, the different types of judicial precedents (authoritative, persuasive, original, and declaratory), the binding force of precedents, and the merits and demerits of the precedent doctrine. The presentation provided details on how precedents guide judicial decisions and develop legal principles over time, while also acknowledging criticisms around conflicting decisions and overlooked authorities.
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
Difference between legal logic and legal rhetoricgagan deep
This document discusses the difference between legal logic and legal rhetoric. It states that while legal argumentation can be modeled with logic, logic alone is not enough, and a rhetorical component is also needed. Legal logic refers to using syllogistic logic and analogy to derive conclusions from premises. However, legal reasoning involves more than just logic - it is a process of balancing claims and exercising judgment. Legal rhetoric refers to using persuasive language aimed at influencing or impressing others, as is needed in many legal activities like rulemaking, decision-making, and negotiations. Both logical and rhetorical aspects are important components of legal argumentation and reasoning.
The document provides an overview of Indian law, including:
1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice.
2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively.
3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Legislation is the primary source of law, consisting of rules declared by a competent authority. There are two types of legislation: supreme legislation from the sovereign authority and subordinate legislation from other authorities. Legislation can also be direct, with the legislature framing laws, or indirect, with legal principles declared by other bodies. Delegated legislation occurs when lawmaking power is conferred to other bodies by the legislature. Conditional legislation allows flexibility in applying laws based on conditions. Codification involves systematically collecting and arranging laws to avoid inconsistencies.
Tribunals are mainly a twentieth-century phenomenon, for it was long part of the conception of the rule of law that the determination of questions of law- that is to say, question which require the findings of facts and the application of definite legal rules or principles – belonged to the Courts exclusively.
The key sources of constitutional law in Malaysia are:
1. The Federal Constitution, which is the supreme law of the land.
2. State Constitutions, which regulate the government of each state.
3. Legislation enacted by Parliament at the federal level and state legislative assemblies.
4. Judicial precedents set by court decisions, which provide consistency and certainty in legal principles.
The document discusses the relationship between judicial precedent and statutory law in England. It argues that the doctrine of judicial precedent is not becoming an illusion, despite the increasing importance of legislation. It examines the concept of ratio decidendi and how precedents are applied and distinguished in subsequent cases. While locating ratio decidendi can be difficult, exceptions allow judges to depart from precedents under certain conditions. Furthermore, statutes and precedents operate complementarily in the English legal system, with vast areas of law still governed solely by case law, and statutes regularly requiring judicial interpretation. Ultimately, the flexibility of the common law system ensures that precedent remains a living and continually developing feature of English law.
DescriptionThe Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court and has the power of judicial review.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
The document discusses the various sources of law in India, including custom, precedent, and legislation. It outlines the requisites for a valid custom, including antiquity, continuity, reasonableness, certainty, consistency, peaceful enjoyment, conformity with statute law, and not being opposed to public morality. It also describes different types of precedents such as original, declaratory, authoritative, and persuasive precedents. Finally, it provides a brief overview of legislation, defining it as laws made by a legislative body and classifying legislation as either supreme or subordinate.
The document discusses theories of adjudication, specifically examining two approaches: the descriptive dimension which looks at how judges actually decide cases, and the normative dimension which focuses on how judges ought to decide cases. It covers American legal realists like Oliver Wendell Holmes who argued that law is defined by what courts actually do rather than theories or principles. Realists believe judges are influenced by numerous factors beyond just legal rules. The document also discusses legal scholars like Llewellyn, Frank, and Cardozo and their views on judicial discretion, precedent, and a judge's role in lawmaking.
1) The petitioner, a Hindu personal law board, filed a public interest litigation seeking a writ of mandamus directing the central government to consider legislating a law regulating religious conversions similar to laws passed in Uttar Pradesh and other states.
2) The court discussed the doctrine of constitutional trust established by the Supreme Court, which separates the jurisdiction and powers of constitutional authorities.
3) The court cited Supreme Court precedent that courts have a limited role in legislation and cannot direct legislatures to make laws. Therefore, the petition seeking such a direction to consider legislation was not maintainable and dismissed.
Ratio decidendi, Obiter Dicta and Stare DecisisShruti Jhanwar
The ratio decidendi refers to the legal principle or rule of law that is the basis for a court's decision in a case. It is the precedent that is binding on lower courts in future similar cases, rather than the actual decision itself. An obiter dictum refers to remarks or opinions expressed by a judge that are incidental to the case but not directly part of the ratio. The doctrine of stare decisis means that courts must adhere to precedents and apply the same legal principles established in past cases with similar material facts, bringing certainty and uniformity to the legal system.
This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.
This document summarizes a presentation on judicial precedent given by Arpita Das, Mitu Chowdhury, and Sahadat Hossain at Green University of Bangladesh's Department of Law. It was supervised by Dr. MD Mehedi Hasan, Assistant Professor at the Department of Law. The presentation covered the definition of precedent, the different types of judicial precedents (authoritative, persuasive, original, and declaratory), the binding force of precedents, and the merits and demerits of the precedent doctrine. The presentation provided details on how precedents guide judicial decisions and develop legal principles over time, while also acknowledging criticisms around conflicting decisions and overlooked authorities.
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
Difference between legal logic and legal rhetoricgagan deep
This document discusses the difference between legal logic and legal rhetoric. It states that while legal argumentation can be modeled with logic, logic alone is not enough, and a rhetorical component is also needed. Legal logic refers to using syllogistic logic and analogy to derive conclusions from premises. However, legal reasoning involves more than just logic - it is a process of balancing claims and exercising judgment. Legal rhetoric refers to using persuasive language aimed at influencing or impressing others, as is needed in many legal activities like rulemaking, decision-making, and negotiations. Both logical and rhetorical aspects are important components of legal argumentation and reasoning.
The document provides an overview of Indian law, including:
1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice.
2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively.
3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Legislation is the primary source of law, consisting of rules declared by a competent authority. There are two types of legislation: supreme legislation from the sovereign authority and subordinate legislation from other authorities. Legislation can also be direct, with the legislature framing laws, or indirect, with legal principles declared by other bodies. Delegated legislation occurs when lawmaking power is conferred to other bodies by the legislature. Conditional legislation allows flexibility in applying laws based on conditions. Codification involves systematically collecting and arranging laws to avoid inconsistencies.
Tribunals are mainly a twentieth-century phenomenon, for it was long part of the conception of the rule of law that the determination of questions of law- that is to say, question which require the findings of facts and the application of definite legal rules or principles – belonged to the Courts exclusively.
The key sources of constitutional law in Malaysia are:
1. The Federal Constitution, which is the supreme law of the land.
2. State Constitutions, which regulate the government of each state.
3. Legislation enacted by Parliament at the federal level and state legislative assemblies.
4. Judicial precedents set by court decisions, which provide consistency and certainty in legal principles.
The document discusses the relationship between judicial precedent and statutory law in England. It argues that the doctrine of judicial precedent is not becoming an illusion, despite the increasing importance of legislation. It examines the concept of ratio decidendi and how precedents are applied and distinguished in subsequent cases. While locating ratio decidendi can be difficult, exceptions allow judges to depart from precedents under certain conditions. Furthermore, statutes and precedents operate complementarily in the English legal system, with vast areas of law still governed solely by case law, and statutes regularly requiring judicial interpretation. Ultimately, the flexibility of the common law system ensures that precedent remains a living and continually developing feature of English law.
DescriptionThe Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court and has the power of judicial review.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
The document discusses the various sources of law in India, including custom, precedent, and legislation. It outlines the requisites for a valid custom, including antiquity, continuity, reasonableness, certainty, consistency, peaceful enjoyment, conformity with statute law, and not being opposed to public morality. It also describes different types of precedents such as original, declaratory, authoritative, and persuasive precedents. Finally, it provides a brief overview of legislation, defining it as laws made by a legislative body and classifying legislation as either supreme or subordinate.
The document discusses theories of adjudication, specifically examining two approaches: the descriptive dimension which looks at how judges actually decide cases, and the normative dimension which focuses on how judges ought to decide cases. It covers American legal realists like Oliver Wendell Holmes who argued that law is defined by what courts actually do rather than theories or principles. Realists believe judges are influenced by numerous factors beyond just legal rules. The document also discusses legal scholars like Llewellyn, Frank, and Cardozo and their views on judicial discretion, precedent, and a judge's role in lawmaking.
Similar to Summaries the article competence of two judge benches of supreme court to refer cases to larger benches – dr. r. prakash (2004) 6 scc (jour) 75
1) The petitioner, a Hindu personal law board, filed a public interest litigation seeking a writ of mandamus directing the central government to consider legislating a law regulating religious conversions similar to laws passed in Uttar Pradesh and other states.
2) The court discussed the doctrine of constitutional trust established by the Supreme Court, which separates the jurisdiction and powers of constitutional authorities.
3) The court cited Supreme Court precedent that courts have a limited role in legislation and cannot direct legislatures to make laws. Therefore, the petition seeking such a direction to consider legislation was not maintainable and dismissed.
The document discusses the Indian judiciary system. It provides details about the Supreme Court of India, including its establishment under the constitution, current number of judges, qualifications for appointment of Chief Justice and other judges. It also describes the jurisdiction and powers of the Supreme Court, including the power of judicial review and public interest litigation. The concept of judicial activism is explained through examples. The Lokpal and Lokayuktas Act of 2013 which established an anti-corruption ombudsman is also briefly outlined.
Supreme Court and the Constitutional Process.pptxKhushiSalgaonkar
The Supreme Court is the highest court in India established under the Constitution. It upholds the rule of law and protects citizens' fundamental rights. The Supreme Court has original, appellate, advisory and review jurisdiction. It appoints its own officers without executive interference. Various constitutional provisions like the appointment process, security of tenure, and powers of judicial review help maintain the independence and impartiality of the Supreme Court in discharging its duties.
Recently there was a controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court. Justice Tahilramani submitted her resignation after her request for reconsideration of the transfer was rejected by the Collegium headed by the Chief Justice of India (CJI), Ranjan Gogoi, and four senior-most judges of the Supreme Court.
The document summarizes the jurisdiction of the Supreme Court and High Courts in India. It discusses that the Supreme Court has original, appellate, and advisory jurisdiction to hear disputes between central and state governments, challenges to high court rulings, and can provide advice to the president. It also has writ jurisdiction to protect fundamental rights. The High Courts have original jurisdiction over some state-level cases and writ jurisdiction. They also have supervisory powers over lower courts, power of judicial review over state laws and executive orders, and appellate jurisdiction over lower court rulings. The document provides details on the different types of jurisdiction and powers of the Supreme Court and High Courts in India.
The document discusses the rule of competence-competence in Indian arbitration law. It provides that:
1) The rule of competence-competence allows arbitral tribunals to rule on their own jurisdiction. Section 16 of the Indian Arbitration Act embodies this principle.
2) There was debate around whether tribunals could rule on jurisdiction if the Chief Justice appointed the tribunal under section 11. A landmark case interpreted that such tribunals could not determine jurisdiction.
3) However, subsequent cases have affirmed that the legislative intent was for tribunals to decide jurisdiction in all cases, to minimize court interference in arbitration. Parties must wait until an award to challenge rejections of objections to
The judicial system in India has a single integrated structure with the Supreme Court at the apex, High Courts at the state level, and district courts at the local level. It also provides for an independent and powerful judiciary to act as guardian of the Constitution. The Supreme Court currently has 29 judges including the Chief Justice, who is currently Justice Uday Umesh Lalit but will soon be replaced by Justice Dhananjaya Yeshwant Chandrachud. The Supreme Court has original, appellate and advisory jurisdiction and its decisions have binding precedent. Below the High Courts are subordinate courts that deal with various cases. India has a separation of powers between the judiciary, executive, and legislature to maintain independence of the courts.
Appointment of sc judges –procedure in indiaAltacit Global
The document summarizes the process for appointing judges to the Supreme Court and High Courts in India. Key points:
- The President appoints Supreme Court judges after consultation with other SC judges and High Court Chief Justices. SC judges retire at age 65.
- In 1990, a bill proposed a National Judicial Commission to recommend appointments and reduce executive influence, but it lapsed.
- Some other countries like Israel and Japan involve judicial committees and senior judges in the appointment process.
- The retirement age for High Court judges is 62 and 65 for SC judges, though some argue it should be the same.
- Judges can only be removed through an address by Parliament, similar to impeachment in
The document discusses the structure and powers of the Supreme Court of India according to the country's constitution. It notes that the Supreme Court is the highest judicial court with powers of judicial review. It has original jurisdiction over disputes between states and between the central government and states, and appellate jurisdiction to hear appeals from lower courts. It can issue writs for enforcing fundamental rights and decides cases involving the interpretation of the constitution.
The document discusses the history and establishment of the Supreme Court of India. It was established through enactments passed in pre-independent India and is now the highest court and final court of appeal in India. The document outlines the key powers and functions of the Supreme Court, including judicial review, appellate jurisdiction, and acting as the guardian of the Indian Constitution. It also discusses the procedure for impeachment of Supreme Court judges.
The judiciary plays both legal and political roles in India. As the document outlines, the Supreme Court has independence, security of tenure for judges, financial independence from other branches of government, and immunity from criticism to ensure it can perform its duties without fear or favor. The Supreme Court has original, appellate, and advisory jurisdiction over legal cases. It also protects fundamental rights and can strike down unconstitutional laws.
The 16th amendment to Bangladesh's constitution passed in 2014 empowered parliament to remove Supreme Court judges with a two-thirds majority vote for misconduct or incompetence. This reversed a 1975 amendment that transferred impeachment power to the president. While the amendment aimed to make the judiciary accountable to elected representatives, the Supreme Court struck it down in 2007, ruling judicial independence must be maintained. Impeachment power was returned to the Supreme Judicial Council, ensuring a more transparent process for removing judges.
6.LANDMARK JUDGMENTS OF THE SUPREME COURT PLAIN.pdfssuser5d7a291
This document summarizes several landmark judgments of the Supreme Court of India that have shaped Indian constitutional law. It discusses judgments that established principles like the doctrine of basic structure, limitations on the ability of Parliament to amend fundamental rights, expansion of judicial review, and the beginning of public interest litigation in India. The judgments discussed include Kesavananda Bharati, Indira Gandhi v. Raj Narain, Minerva Mills, and Mumbai Kamgar Sabha, among others.
This document is an affidavit filed on behalf of the Union of India in the Supreme Court of India regarding a case involving a constitutional challenge to Section 377 of the Indian Penal Code, which criminalizes "carnal intercourse against the order of nature." The affidavit notes that the case was referred to a larger bench of the Supreme Court to reconsider the validity of Section 377 as it applies to consensual acts between adults in private. The Union of India takes no position on the constitutional validity of Section 377 in this regard and asks that no other issues beyond this be considered without allowing it to file a further affidavit.
The document is a Supreme Court of India case from 1999 regarding the validity of the Bar Council of India Training Rules. It discusses the arguments from both petitioners challenging the rules and the Bar Council of India defending the rules. The petitioners argued the rules exceeded the Bar Council's powers and violated rights to practice law. The Bar Council argued it had the authority to make the rules under the Advocates Act. The court had to determine if the rules were valid exercises of rule-making power or if they violated fundamental rights.
The document discusses key aspects of the Indian judiciary system. It describes that India has a single integrated judicial system with the Supreme Court at the top, followed by high courts at the state level and subordinate courts below the high courts. It notes some of the key features of the Indian judiciary like its separation from the executive branch and introduction of public interest litigation. The summary briefly outlines the jurisdiction and roles of the Supreme Court, high courts, and subordinate courts in the Indian judicial system.
This document discusses the concept and principles of precedent in the Indian legal system. It defines key terms like ratio decidendi, obiter dicta, and precedential value. It outlines how the doctrine of precedent evolved historically in India from ancient tribal courts to the modern hierarchy established under British rule and in the Indian Constitution. It also examines the different types of precedents, principles for when precedents are binding or persuasive, and how precedents can be treated or distinguished in subsequent cases.
The courts of pakistan in kpk perspective by ghulam hamidzulfi799
The document summarizes the court system in Pakistan, with a focus on Khyber Pakhtunkhwa province. It begins by outlining the basic principles of rule of law and justice. It then describes the hierarchy of courts in Pakistan, beginning with the Supreme Court and including High Courts, district courts, civil courts, and courts of magistrates. It provides more detail on the civil court system including the jurisdiction and appointment of district judges, additional district judges, and civil judges. It also briefly outlines the jurisdiction of criminal courts and special courts like the Federal Shariat Court.
The Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court, and has the power of judicial review.
Similar to Summaries the article competence of two judge benches of supreme court to refer cases to larger benches – dr. r. prakash (2004) 6 scc (jour) 75 (20)
Transnational organized crime its conceptgagan deep
Transnational organized crime (TOC) involves criminal groups that coordinate illegal activities across national borders. TOC groups use violence and corruption to traffic drugs, arms, people, toxic waste, and other illicit goods. Several international law enforcement agencies work to combat TOC, including Interpol, Europol, and the UN Office on Drugs and Crime. However, TOC remains a significant threat due to the challenges of international cooperation and the economic benefits some states and groups receive from criminal enterprises.
This document discusses several theories of justice, including Rawls' theory of a just society based on principles chosen from behind a "veil of ignorance" where people's talents and positions are unknown. It also summarizes Nozick's entitlement theory of a minimal state and contrasts this with Rawls' end-result principles. The document concludes by outlining Sen's capabilities approach focusing on basic functions and Nussbaum's capabilities approach centered around core human capacities that a just society should distribute.
The salient features of prevention of terrorism act, 2002gagan deep
The Prevention of Terrorism Act (POTA) was introduced in 2002 by the Indian government in response to increasing terrorist attacks. POTA defined terrorism and gave broad powers to law enforcement for investigating and prosecuting suspects. It allowed detention without charge for up to 180 days and using confessions to police as evidence. While POTA aimed to combat terrorism, it was criticized for being overly broad and violating civil liberties. It was repealed in 2004 due to concerns over misuse and abuse of powers for political purposes.
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Summaries the article competence of two judge benches of supreme court to refer cases to larger benches – dr. r. prakash (2004) 6 scc (jour) 75
1. Summarise the article "Competence of Two Judge
Benches of Supreme Court to Refer cases to Larger
Benches – Dr. R. Prakash (2004) 6 SCC (Jour) 75
•
2. Introduction
• The Supreme Court of the United States is made up of nine judges, and each judge of that
court is involved in each of its judgments. However, this is not the case in our Supreme Court.
The Supreme Court of India is composed of 26 judges, including the Chief Justice, and sits in
county courts composed of two judges, three judges, five judges or more. Therefore, not all
judges will be parties to the Supreme Court of India. Since our Supreme Court sits in
divisions, a practice has developed to refer a case to a larger bank
• when a small bank questioned the validity of the law set out in the previous judgment.
Further referrals may go to even larger banks until the law is determined by a larger bank. For
example, the Kesavananda Bharati case can be considered to affect a bank of thirteen
honorable judges. In Shankari Prasad Singh Deo v. Union of India, a five-member
constitutional bank ruled that an amendment to the constitution under Article 368 was "not
a law" within the meaning of Article 13 (2) of the Constitution. In the state of Sajjan Singh v
Rajasthan, another bank consisting of five judges also shared the same opinion (although
Justices Hidayatullah and Mudholkar, JJ., Did not disagree, their lordships doubted the
majority opinion of Gajendragadkar , CJ) These two decisions were called into question and
the veracity of these decisions was examined by a bank of eleven judges from Golak Nath
against the State of Punjab, with the bank of eleven by a majority of to except for the
decisions of Shankari Prasad and Sajjan Singh prospectively, Force continued to change.
3. • The Constitution is a law within the meaning of Article 13,
paragraph 2, of the Constitution. As a result of this decision, Articles
13 and 368 were amended to exclude amendments to the
Constitution from the scope of Article 13, paragraph 2. The veracity
of the Golak Nath case and the validity of the law Constitution of
1971 (Twenty-Fourth Amendment) were considered by a large bank
of thirteen judges at Kesavananda Bharati against the State of
Kerala, which abrogated the Golak Nath case, and the basic
structure of a doctrine was proposed.
• Since the Supreme Court began working under our Constitution,
benches of two judges have made various references to larger
benches of five or more judges. The reference from smaller
Supreme Court benches to larger benches, as noted above, was
necessary because the Supreme Court sits in departments of two or
more judges and adheres to a rigid ruling doctrine. The purpose of
this article is to review recent decisions taken by Bharat Petroleum
Corpn. Ltd. against Mumbai Shramik Sangha and Pradip Chandra
Parija against Pramod Chandra Patnaik, among which the two-judge
benches can only designate one three-judge bench.
4. Decision on the reference of two-judge
benches to larger benches
• In Bharat Petroleum Corpn. Ltd. v Mumbai Shramik Sangha, a bank
with two learned judges, questioned the validity of a five-judge
ruling in Gammon India Ltd. v Union of India, and their Lordships
emphasized that the case should be referred to the Chief Justice of
India as follows:
• We have carefully considered the competing objections. It seems
to us that the question is important and that the observations of
the constitutional bench in Gammon in relation to section 10 were
in fact not strictly necessary because Gammon was not a case,
which dealt with the ban on contract labor. Whether the narrow
scope set out in section 10 of the Act in Gammon is correct, in our
view, must be determined independently. We therefore believe that
this issue should be decided by a constitutional bank. We therefore
refer to the following questions to be decided by a constitutional
bank of this court.
5. After answering the two questions, the
following was observed:
• The Registry is responsible for bringing the matter before my Lord, the Chief Justice of India, in
order to transmit the appropriate orders to a constitutional bank in relation to the above legal
question.
• As a result, a bank with five judges was established to assess the accuracy of Gammon India Ltd.
against the Union of India law established. This bank of five judges rendered its decision in Bharat
Petroleum Corpn. Ltd. v Mumbai Shramik Sangha . The court ruled that legal discipline requires the
two-judge bank to follow the decision of the five-judge bank. It was also found that the two learned
judges could at most have ordered that the case be heard by a bank of three learned judges. The
bank of five judges ordered the case to be heard and decided by a judge of two judges Bench on
which it was observed. We believe that a decision of a constitutional bank of this court binds a bank
of two learned judges of this court and that legal discipline compels them to obey it regardless of
their doubts as to its correctness. At the most, they could have ordered that the case be heard by a
bank of three learned judges. It is respectfully argued that the observation that a bank of two
learned judges is obliged to obey the decision of a constitutional bank regardless of its doubts as to
its correctness is too broad and incorrect. He will be subject to it is an inconsistency in the first and
second statements of the above observations. If a bench of two judges can be determined to be
related to a bench of five judges, how can it be referred to a bench of three? A bank with two
judges must obey a major banking decision, not because it is linked to it, but because it is necessary
because of the adequacy and legal certainty of the judiciary. However, if a two-judge bank doubts
the accuracy of a major banking decision, it can refer the case to a larger bank to determine the
accuracy of the law set out in the previous decision.
6. Is the Supreme Court bound by its own
decisions?
• Article 141 of the Constitution of India provides that the law declared by the
Supreme Court is binding on all courts in Indian territory. Does article 141 cover
the Supreme Court? This issue was raised in Bengal Immunity Co. Ltd. against State
of Bihar in the negative. In this case, it was found that Article 141, which states
that the law declared by the Supreme Court is binding on all courts in India, clearly
relates to courts other than the Supreme Court. As a result of this decision, a small
bank has the power to question the merits of a larger banking decision. Once this
position is accepted, said performance can no longer be limited by
• Noting that a bench of two judges can only refer a case to a bench of three judges.
The decision in Bengal Immunity Co. Ltd. makes it clear that a bank composed of
two judges is not bound by a major banking decision. This conclusion will be
further reinforced when the case is brought before the Court of Justice under
Article 136 (1) of the Constitution. Article 136, paragraph 1, begins with a non-
obstinacy clause. It gives the Supreme Court a margin of appreciation to grant any
special leave to appeal.
• Judgment, decree, disposition, sentence or ordinance, notwithstanding the
provisions of Part IV, Chapter IV of the Constitution. This provision reads as
follows:
7. • "136. Special leave to appeal by the Supreme Court. “(1) Notwithstanding
anything in this chapter, the Supreme Court may, in its sole discretion,
grant special leave to appeal a judgment, order, decision, judgment or
order on any cause or matter made or rendered by a court in India.
“(Emphasis added) This is the case, asserting that the non-obstante clause
in section 136 (1) also excludes section 141 from its scope. In
Taherakhatoon v Salambin Mohd. , it was found that the discretion in
section 136 persists even after permission has been granted. The effect of
decision is that from the stage of submitting a request for special leave
until the final decision on an appeal after the granting of the appeal
permit, section 136 is regulated. Therefore, it is argued that the discretion
of the Court is available at this time. For the final hearing of a complaint
arising from a request for special leave under section 136, section 141 also
does not apply at the time of the final hearing.
• There is no provision in the constitution that states that a small Supreme
Court bank is bound by its larger banking decisions. However, the
adequacy of justice and the need for legal certainty require that a small
bank obey the law declared by the big banks. However, small banks have
the power to question the veracity or the contrary of the law established
by a large bank and send the matter back to the chief justice to form even
larger banks. Settlement of the controversy.
8. The Supreme Court decides on the minimum number
of judges to sit on a bench of the Supreme Court
• In accordance with Article 145, paragraph 3, cases which concern an
essential legal question with regard to the interpretation of the
Constitution must be decided by a bank of at least five judges. In
accordance with order 7, Rule 1 of the Supreme Court Rules of 1966,
subject to the other provisions of the Rules, any case, appeal or case must
be heard by a bank composed of at least two judges appointed by the
judge in chief. The reservation in order 7, rule 1, empowers the chief judge
to appoint a single judge to hear and resolve certain questions.
• According to order 35, rule 1, any petition under Article 32 of the
Constitution must be heard by a departmental court composed of at least
five judges. If such a request does not raise an essential legal question
concerning the interpretation of the Constitution, it can be heard and
decided by a departmental court of less than five judges. order 35 Rule 1,
sub-rule (2) empowers a bank of less than five judges to rule on
provisional motions and various petitions filed in a written petition under
article 32, although the written petition may raise an important legal
question as to the interpretation of the Constitution.
9. • According to order 10 of Rule 38-A of the Rules of the Supreme Court, a reprimand
under section 257 of the Income Tax Act 1961 must be heard by a bank with at
least three judges. According to order 39 of the preliminary hearing of an
electoral motion presented contesting the election of the president or vice-
president must be heard by a bank composed of five judges. Rule 20 of Rule 39
requires at least five judges to hear the final hearing of such a motion. The
Supreme Court has had the opportunity to review the rules of the Supreme Court
to determine the power of the court to refer to broader pews. In Triveniben v.
Gujarat State, a decision of a constitutional bank composed of five judges,
Jagannatha Shetty, J., referred to Order 7, Rule 2 of the Supreme Court Rules,
1966, in its judgment concordant, stating thatfollows:
• "In this context, order 7, Rule 2 of the Rules of the Supreme Court must also be
observed. It provides: "If, during a hearing for a reason, appeal or other
proceeding, the bank considers that the case should be handled by a large bank, it
will submit it to the Chief Justice who will take the necessary measures. . a bank to
hear about it. "
• This is undoubtedly a sound rule, but it seems to have only a limited effect. It
apparently regulates the procedure of a smaller bank if it disagrees with the
decision of a larger bank. If, during the hearing of a case, the bank feels that the
case should be handled by a large bank, it will submit the case to the Chief Justice.
The chief justice then forms a large bank to settle the case.
10. Reference from benches of two judges to larger
benches with five or seven judges - some cases
• There have been cases where departmental banks have asked two judges
to question the accuracy of decisions made by big banks and immediately
referred the case to a larger bank of five or seven judges:
– A bench of two has questioned the accuracy of certain instructions given by a
bench of five in R.S. Nayak v. A.R. Antulay and referred the case to a bank of
seven judges for a decision. The bench of seven judges in A.R. Antulay v. R.S.
Nayak as a bench of two judges doubts the correctness of a decision of the
bench of five judges. Ranganath Misra, J. (as he then was) made the following
observations in his consensus judgment, which are relevant in the current
context:
• “A bank of two judges, which included Mukharji, J., my colleague, obtained special
authorization and this appeal (No. 468 of 1986) was recorded. Respondent 1 requested in
Petition 4248 of 1986 that the special leave be revoked. With the rejection of the
aforementioned revocation request, the Zwei-Richter-Bank formulated several questions
with a resolution of October 29, 1986 which were raised for consideration and referred
the case to a hearing of a Bank of seven judges of the court. This bank was therefore
created with seven judges to hear the appeal. "
11. • A bank of five judges maintained and responded to the reference in Steel
Authority of India Ltd. v National Union Waterfront Workers by a bench of two
judges in FCI v Transport and Dock Workers Union
• In Sunder v Union of India a two-judge bank raised the issue of whether the state
was required to pay interest on the amount provided for in Section 23 (2) of the
Land Acquisition Act of 1894 , which was upheld and confirmed by a bench of five
judges in Sunder v Union of India
• In the Sanjay Dutt / State case, a five-judge bank responded to the question posed
by a two-judge bank in the Sanjay Dutt / State case.
• In State Bank of India v State Bank Staff Union, a two-judge bank raised the issue
of whether workers who strike legally or illegally are entitled to a salary for the
duration of the strike paid by a bank with five judges in Syndicate Bank v. K. Umesh
Nayak stating that the strike must be both legal and justified in order to be entitled
to a salary for the strike period.
• In KS Pariapoornan v Kerala State a two-judge bank questioned the veracity of the
Union of India against Zora Singh and referred the case to a five-judge bank which
took the opinion in the case of KS Paripoornan v State of Kerala
• Dodsal (P) Ltd. against the Delhi Electricity Supply Company by Municipal Corpn.
from Delhi
• CST v Rewa Coal Fields Ltd.
• Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. against Ram Gopal Sharma
• Buta Singh v Union of India
• New India Assurance Co. Ltd. against C.M. Jaya
12. • While in the Mumbai Shramik Sangha case, a bank with five judges
considered whether a bank with two judges can doubt the merits of
a decision with five judges, the competence of a bank with two
judges against the accuracy of In Pradip Chandra Parija Pramod
Chandra Patnaik A decision on a bank of three judges and its
dismissal was reviewed by a bank of five judges Following a decision
of a bank of three learned judges. However, if a bank with two
learned judges concludes that a previous judgment with three
learned judges is very false and cannot be obeyed under any
circumstances, the correct course is to refer the matter to a bank
with three learned judges.
• Reasons why he could not agree with the previous judgment. Then,
if the bank of three learned judges also concludes that the previous
judgment of the bank of three learned judges is in error, then the
reference to a bank of five learned judges is justified. In Karnataka
SRTC / Lakshmidevamma, a five-judge bank maintained a two-judge
banking benchmark in the face of two conflicting decisions from
three-judge banks. In the present case, no exception was made by
the bench of five judges with regard to the referral of a bench of
two judges directly to a bench of five judges.
13. • Bank. A bench with two judges in Ador Samia (P) Ltd. v Peekay Holdings Ltd. and a bank of
three judges in Konkan Rly.Corpn. Ltd. v Mehul Construction Co. held that the appointment of
an arbitrator under section 11 of the Arbitration and Conciliation Act 1996 was not
contestable under section 136 of the Constitution of India. However, a bench of two
questioned the correctness of this point of view in Konkan Rly. Corpn. Ltd. v Rani
Construction (P) Ltd. , who referred the case to a bank of five judges who concluded that a
decision to appoint an arbitrator under section 11 of the Arbitration and Conciliation Act
1996 would not be challenged under of Section 136 of the Act may constitute India.
However, the five-judge bank in that case pointed out that the practice of a two-judge bank
referring the case to a five-judge bank was frowned upon by a constitutional bank, but
responded that with a two-judge bank question. judges raised.
• In TV Vatheeswaran v State of TN, a two-judge bank which spoke about Chinnappa Reddy, J.
reiterated that a delay of more than two years in the execution of the death sentence by the
court was in violation of the Article 21 represents the constitution and commuted the death
penalty to life imprisonment.
• In Sher Singh v State of Punjab, a bench of three voted against T.V. Vatheeswaran against
State of T.N. in Javed Ahmed Abdul's proposal not to Hamid Pawala versus“The case also
raises the question of whether a three-judge division bench can claim to overturn the
judgment of a two-judge division bench simply because three is greater than two. The
Tribunal has two and three divisions of judges for convenience and it may not be appropriate
for a three-judge division to be expected to override the decision of a two-judge division. “
• In order to calm the situation, the legal question raised in the three cases above was raised
and decided by a Constitutional Bank of Triveniben against the State of Gujarat . The problem
was resolved by the Constitutional Bank, which decided that the delay in the execution of the
death penalty should start from the date on which the legal proceedings were concluded.
was finishing.
14. • It is argued that if a small bank cannot overrule the judgment of a
large bank, it can undoubtedly doubt the correctness of the
decision of a large bank. If a small bank believes that there is an
error in a major banking decision and its negative impact on the
general public interest, it is not bound by that decision. While the
principle of rigid decision and non-breastfeeding, which means that
specific decisions should not be overturned, has become a generally
accepted principle in our case law and consistency of law in Waman
Rao v Union of India may be a deciding factor Chandrachud, CJ
noted that prosecution of illegality in the future is not part of the
rigid decision. Therefore, the two factors on which decisions are
made cannot be clarified and the practice of illegality is not part of
the rigid decision. These can guide a small bank to refer the case to
a larger bank.
15. Construction of large banks
• Although the Chief Justice of India is banks in his
administrative function, it is argued that there should be a
judicial referral system for a large bank. A bank of thirteen
judges was created to review the Kesavananda Bharati
case. This bank was formed without a court order to
reconsider the Kesavananda Bharati case, in which Khanna,
J., indicated that the question of whether the veracity of an
earlier ruling would be reconsidered and the case heard by
a greater bank should be reviewed. , could only arise in the
context of a judicial decision. The Thirteen Bank of Judges
created to reconsider the veracity of the Kesavananda
Bharati case has been dissolved, putting an end to attempts
to reconsider the veracity of the Kesavananda decision.
16. Conclusion
• In light of the above discussion, it is argued that a small bank can only have two options.
Either it must follow a major banking decision (as mentioned above, not because it is linked
to a major banking decision, but because it requires the correctness and legal certainty of the
court), or if it doubts the accuracy of a major banking decision, he made the case on Expel
Chief Justice of India for creating a big bank. The chief justice, acting administratively, would
represent a larger bank. After all this exercise, can the larger bank to which the case relates
refuse to decide the issues raised and refer them to the smaller bank because the smaller
bank is bound by the earlier decision of the larger bank? ? Here too, judicial adequacy
requires that the larger bank, which is formed by a smaller bank in accordance with the
judicial referral system, decide on the questions put to it, either by approving the earlier
decision of the larger bank or by canceling it.
• It is respectfully argued that it is not necessary for a bank of judges formed of two judges to
refer a case to a bank of three judges if this is the correctness or otherwise of the law
established by a bank of five. judges or a judge of three judges doubt Bank. A two-judge bank
may refer directly to the matter to be decided by a five-judge bank or a larger bank by taking
the matter to the chief justice to form an equally larger bank. Nothing in the constitution or
in the rules of the Supreme Court prevents a two-judge bank from referring directly to a bank
of five or more people
17. • Judge. If a matter is so settled by court order and a larger bank is
formed, the larger bank has no recourse against the removal order.
It is therefore with the greatest respect that the opinion of Bharat
Petroleum Corpn. Ltd. v Mumbai Shramik Sangha and Pradip
Chandra Parija v Pramod Chandra Patnaik must be reconsidered.
• In this context, the proposal of Chief Justice R.S. Pathak presided
over a bank of five judges in the Union of India v Raghubir Singh.
Again, the competence of a two-judge bank to refer a case to a five-
judge bank was called into question. The bank of five judges lifted
the preliminary objection and decided the relevant legal issue. The
learned chief justice highlighted the practice of the Supreme Court
of the United States
• The whole Court of Justice is responsible for each of its decisions
and for the way in which such a practice is impracticable in our
country. boss
• Judge R.S. Pathak suggested that the benches consist of at least
three learned judges, if possible, to avoid the problems of benches
with two and three judges having differing opinions and the binding
nature of those judgments.