Judgement by a larger bench prevails

Judgement by a larger bench prevails

Subject: Polity

Context: A Constitution Bench of the Supreme Court today ruled that a judgment delivered by a larger bench will prevail irrespective of the number of judges constituting the majority.

Concept :

• A judgment delivered by a larger bench will prevail irrespective of the number of judges constituting the majority-In view of Article 145(5) of the Constitution of India.
• It is settled that a majority verdict by a larger bench will prevail over even a unanimous decision by a bench of lesser strength, although the number of judges constituting the majority in the former may be less than or equal to the number of judges on the smaller bench.
• To illustrate, the judgment of a 7-judge bench delivered with a 4:3 majority will prevail over a unanimous 5-judge bench.

Article 145(5) of the Indian Constitution

• No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion