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

Prelims: Indian Polity  

Mains (GS-II): Functioning of the Judiciary, Constitutional Interpretation and the Rule of 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.

Prelims 

Q. 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

FAQ'S

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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