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Prelims: Indian Polity Mains (GS-II): Functioning of the Judiciary, Constitutional Interpretation and the Rule of Law. |
PrelimsQ. The Doctrine of Per Incuriam is considered an exception to which Article of the Indian Constitution ? (a) Article 32 (b) Article 136 (c) Article 141 (d) Article 226 |
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1. What is the Doctrine of Per Incuriam ? The Doctrine of Per Incuriam refers to a judicial decision delivered in ignorance of a binding law, statutory provision, or a binding judicial precedent. Such a judgment is not treated as a binding precedent. 2. What does the term Per Incuriam mean ? Per incuriam is a Latin term meaning "through lack of care" or "through inadvertence. 3. Does the doctrine apply to both Ratio Decidendi and Obiter Dicta ? No. The doctrine applies only to the Ratio Decidendi (the binding legal principle) and not to Obiter Dicta (incidental observations). 4. Why is the Doctrine of Per Incuriam important ? The doctrine ensures judicial consistency, prevents reliance on legally incorrect decisions, and maintains the integrity of the doctrine of stare decisis (judicial precedent). |
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