The Supreme Court recently clarified when a judgment can be declared per incuriam, stressing that precedents passed in ignorance of binding law or larger bench rulings cannot be treated as binding. This topic is important for aspirants preparing for GS2 Polity and judicial principles through upsc online coaching.
Meaning of Per Incuriam
• Latin Term: Meaning “through lack of care.”
• Definition: Refers to judgments delivered without considering relevant statutes or earlier authoritative rulings.
• Impact: Such decisions are not binding precedents and may be corrected to maintain judicial consistency.
Relation to Other Doctrines
• Linked to Stare Decisis: Principle of following precedents.
• Exception to Article 141: Supreme Court judgments are generally binding, but per incuriam provides a limited exception.
• Scope: Applies only to ratio decidendi (binding reasoning), not to obiter dicta (persuasive remarks).
Case Laws & Examples
State of Assam v. Ripa Sarma: Judgments ignoring earlier rulings of equal or larger benches are per incuriam.
Recent SC Observation
- A ruling is per incuriam if its ratio conflicts with an earlier larger bench decision or ignores a statutory provision.
- Bench strength, not number of judges, determines binding nature.
- Co-equal benches must refer disagreements to a larger bench.
- Incorrect conclusions alone do not make a judgment per incuriam.
Significance
• Ensures judicial discipline and consistency.
• Prevents misuse of precedents to justify errors.
• Strengthens the authority of larger bench rulings in India’s judicial hierarchy.
Conclusion
The doctrine of per incuriam acts as a safeguard, ensuring that judicial precedents remain rooted in law and authoritative rulings, not in oversight or error.
