Doctrine of Per Incuriam: Meaning, Constitutional Basis, Supreme Court Judgment & Key Case Law

Why in News ?

• The Supreme Court recently clarified the circumstances under which a judicial decision can be declared per incuriam.

Constitutional and Jurisprudential Foundations

• The term per incuriam means "through lack of care" and applies to judgments delivered in ignorance of binding law.
• It is closely linked to the doctrine of stare decisis, which promotes certainty through judicial precedents.
• The doctrine operates as an exception to Article 141 of the Constitution, under which Supreme Court decisions are binding.

Scope of Application

• A judgment may be declared per incuriam if it ignores a relevant statute or a binding precedent.
• The doctrine applies only to ratio decidendi and not to obiter dicta.
• Such judgments are not treated as binding precedents due to incorrect legal interpretation.

Supreme Court Clarifications

• A judgment is per incuriam when its ratio conflicts with an earlier decision of an equal or larger bench.
• Overlooking a relevant statutory provision, rule, or regulation can also attract the doctrine.
• The binding force of a judgment depends on bench strength rather than the number of judges supporting a view.
• A co-equal bench disagreeing with an earlier decision must refer the matter to a larger bench.

Important Case Law

• In State of Assam v. Ripa Sarma, the Court held that a judgment ignoring decisions of similar or larger benches would be per incuriam.