Published on: January 5, 2024 at 11:00 IST
Court: Supreme Court of India
Citation: Union of India V. Raghubir Singh (1989)
Honourable Supreme Court of India has held that to promote consistency and certainty in the law, the statement of the law by a Division Bench is considered binding on a Bench of the same or lesser number of Judges. It is held that where the view expressed by two different Benches of the Hon’ble Supreme Court of India could not be reconciled, the pronouncement of a Bench of a larger number of Judges had to be preferred over the decision of a Division Bench of a smaller number of Judges. It is held that “Reference” is a situation where the Justice of Supreme Court refer the matter to Chief Justice of India for constituting higher bench for compelling reasons.
28. We are of opinion that a pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or a smaller number of Judges, and in order that such decision be binding, it is not necessary that it should be a decision rendered by the Full Court or a Constitution Bench of the Court. We would, however, like to think that for the purpose of imparting certainty and endowing due authority decisions of this Court in the future should be rendered by Division Benches of at least three-Judges unless, for compelling reasons, that is not conveniently possible.
Drafted By Abhijit Mishra