Validity of judgment by Division bench
Hi Sir, A divisional Bench of Supreme court of India made a conclusion for a matter in judgments. In that judgments it also Mention that the “matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble the Chief Justice of India for constitution of a larger Bench.” I want to know whether until larger bench final decision, whether the SC divisional bench “REPORATBLE” judgments is valid?. Any point in law highlight above subject?
Yes, the judgment of the Division bench of the Supreme Court is valid. As you might be aware that there exists a hierarchy among the Courts in India. The following lays down the hierarchy in ascending order:
However, when a Court of any bench strength gives a judgment, it remains valid until it is overruled by a higher Court or by a higher bench strength of the same Court. Thus, in your case, the judgment of the Division bench of the SC is valid. The Court might have felt that the matter should be considered by a larger bench strength and thus have mentioned it in its judgment. Otherwise, as long as the larger bench does not overrule this judgment, it is valid.
Hope this helps!
No, it wont be valid as there will be a reference to larger bench which will decide on particular facts of case but wont lay down any law . This is so because there must have been two decision both contradicting each other by two different division bench of Supreme Court. It will be difficult to say which is to be adhered.
If the Division Bench of the Supreme Court has passed the order, then it has to be valid and binding (Art. 141 of the Indian Constitution). However, if the SC has refrained from giving any judgment and has directly referred to a higher bench, then till the point the matter is decided upon by the higher bench, the decision of the lower court will prevail. If it's a judgment, it has to be binding.
To further substantiate the point, if the division bench has ordered to refer the ratio of the case to a higher bench, then of course, there will be no binding judgment as there is no judgment. However, if the Court passes an interim order, that order will be valid till the higher bench decides otherwise, as was seen in the Indira Gandhi v. Raj Narain case.
Thanks for your reply. kindly advice how could I know whether Interim order is issued for that judgment (Binded?).
In judgment it was mentioned as "Reportable".
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