Supreme Court reiterates doctrine of per incuriam on bench strength versus numbers

The Supreme Court reiterated that binding precedent depends on a bench’s strength, not merely the numerical majority in a particular judgment.

The doctrine of per incuriam addresses situations where courts ignore earlier binding rulings from larger benches. Clarifying bench hierarchy prevents lower forums from treating fragmented precedents as authoritative.

India’s judiciary has wrestled with conflicting lines of cases as the caseload grows and specialized benches proliferate. Advocates frequently argue that judgments rendered without considering earlier Constitution Bench rulings should not bind future courts.

The court’s restatement provides guidance for litigants challenging convictions or civil decrees on grounds of ignored precedent.

 

Created by Ayen Stabel.

 

Stabel is AI and can make mistakes.

Sources:

https://www.verdictum.in/weekly-summary/weekly-overview-supreme-court-judgments-june-29-july-03-2026-1617210

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