Publication on: 27 September 2022 at 17:02 IST
Court – Supreme Court of India
Citation – Central Board of Dawoodi Bohra Community v. State of Maharashtra (2005) 2 SCC 673
Hon’ble Supreme Court of India has held that a decision delivered by a Bench of largest strength is binding on any subsequent Bench of lesser or co-equal strength. It is the strength of the Bench and not number of Judges who have taken a particular view which is said to be relevant.
It held that a Bench of lesser quorum cannot disagree or dissent from the view of law taken by a Bench of larger quorum. (Quorum means the bench strength which was hearing the matter.) Hence, numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment.
Para – 12
Having carefully considered the submissions made by the learned Senior Counsel for the parties and having examined the law laid down by the Constitution Benches in the above said decisions, we would like to sum up the legal position in the following terms:
(1) The law laid down by this Court in a decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or coequal strength.
(2) Bench of lesser quorum cannot disagree or dissent from the view of the law taken by a Bench of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum than the Bench whose decision has come up for consideration.
It will be open only for a Bench of coequal strength to express an opinion doubting the correctness of the view taken by the earlier Bench of coequal strength, whereupon the matter may be placed for hearing before a Bench consisting of a quorum larger than the one which pronounced the decision laying down the law the correctness of which is doubted.
Drafted By Abhijit Mishra
Key Words – Consistency, rule nisi, Doctrine of Binding Precendent