New Delhi, September 19
A judgment delivered by a larger Bench shall prevail over smaller Bench verdicts, irrespective of the number of judges constituting the majority in the larger Bench, a five-judge Constitution Bench ruled on Monday.
The verdict delivered by a five-judge Bench led by Justice Indira Banerjee meant that a nine-judge Bench verdict with 5:4 majority will prevail over a unanimous verdict of a seven-judge Bench. The other judges on the Bench were Justice Hemant Gupta, Justice Surya Kant, Justice MM Sundresh and Justice Sudhanshu Dhulia.
“It is settled that the majority decision of a Bench of larger strength would prevail over the decision of a Bench of lesser strength, irrespective of the number of Judges constituting the majority,” the Bench noted.
Justice Indira Banerjee, Justice Surya Kant, Justice MM Sundresh and Justice Sudhanshu Dhulia delivered one verdict while Hemant Gupta delivered a separate but concurring verdict.
It said the question had already been dealt with by the Constitution Bench in Dr Jaishri Laxmanrao Patil vs Chief Minister wherein the Supreme Court struck down the 16 per cent Maratha reservation introduced by the Maharashtra government.
“The view of Bhat, J. was expressly concurred by Rao, J. and Gupta, J. There was no dissent to the view. In view of Article 145(5) of the Constitution of India concurrence of a majority of the judges at the hearing will be considered as a judgment or opinion of the Court. It is settled that the majority decision of a Bench of larger strength would prevail over the decision of a Bench of lesser strength, irrespective of the number of Judges constituting the majority,” the Bench said.
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