IMPORTANT POINTS
(1) Decisions rendered by a coordinate Bench is binding on subsequent Benches of equal or lesser strength.
(2) Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment.

Headnote:
(A) Constitution of India – Article 370 – Abolition of Special Statue of State of Jammu and Kashmir – There is no conflict between earlier Judgments of Apex Court on this issue and there is no reason to refer these petitions to a larger Bench on questions considered. (Paras 45, 46 and 47)
(B) Precedents – Doctrine of precedents and stare decisis are the core values of our legal system – They form the tools which further goal of certainty, stability and continuity in our legal system – Judges owe a duty to concept of certainty of law, they often justify their holdings by relying upon established tenets of law – Usually, Courts do not overrule established precedents unless there is a social, constitutional or economic change mandating such a development – Court regards use of precedent as indispensable bedrock upon which this Court renders justice – Use of such precedents, to some extent, creates certainty upon which individuals can rely and conduct their affairs – It also creates a basis for development of rule of law. (Paras 17 and 18)
(C) Judicial Discipline – Decisions rendered by a coordinate Bench is binding on subsequent Benches of equal or lesser strength – When a decision is rendered by this Court, it acquires a reliance interest and society organizes itself based on present legal order – When substantial judicial time and resources are spent on references, same should not be made in a casual or cavalier manner – It is only when a proposition is contradicted by a subsequent judgment of same Bench or it is shown that proposition laid down has become unworkable or contrary to a well-established principle, that reference will be made to a larger Bench. (Paras 19 and 23)
(D) Precedents – Rule of Per Incuriam – Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment – Same having impact on stability of legal precedents must be applied sparingly, when there is irreconcilable conflict between opinions of two coordinate Benches. (Para 46)
Facts of the case:
These cases pertain to the constitutional challenge before this Court as regards to two Constitution Orders issued by President of India in exercise of his powers under Article 370 of Constitution of India.
Findings of the Court:
Framework of Article 370(2) of the Indian Constitution was such that any decision taken by the State Government, which was not an elected body but the Maharaja of the State acting on the advice of the Council of Ministers which was in office by virtue of the Maharaja’s proclamation dated March 5, 1948, prior to the sitting of the Constituent Assembly of the State, would have to be placed before Constituent Assembly, for its decision as provided under Article 370(2) of the Constitution. Present order is confined to the limited preliminary issue of whether the matter should be referred to a larger Bench.
Result : Reference to Larger Bench Declined.

Judgement Key Points

The paragraph that states that a high court exercises power over its own territory only is the one that discusses the scope of judicial authority and the importance of judicial decisions in maintaining legal certainty and stability. It emphasizes that decisions are binding within the context of the case and the particular facts, and that the principle of precedent is fundamental to ensuring consistency and confidence in the legal system. This paragraph underscores that each court's authority is limited to its jurisdiction and that decisions are applicable to the parties involved and the specific circumstances of the case, rather than extending beyond its territorial or jurisdictional boundaries (!) .

ORDER

1. These cases pertain to the constitutional challenge before this Court as regards to two Constitution Orders issued by the President of India in exercise of his powers under Article 370 of the Constitution of India.

2. At the outset, learned senior counsel appearing for one of the Petitioners in W.P. (C) No. 1013/19 and Petitioner in W.P. (C) 1368/19 raised the contention that the present matter needs to be referred to a larger Bench as there were contrary opinions by two different Constitution Benches on the interpretation of Article 370 of the Constitution. This order is confined to the limited preliminary issue of whether the matter should be referred to a larger Bench. We have not considered any issue on the merits of the dispute.

3. A brief introduction to the issue to set the context for this order is that after the late Maharaja of Kashmir had entered into a treaty of accession with the Indian State, Article 370 was incorporated into the Indian Constitution, which states as follows:

370. Temporary provisions with respect to the State of Jammu and Kashmir

(1) Notwithstanding anything in this Constitution,—

(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the said State shall be limited to—

(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation [1950 wording]: For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;

Explanation [1952 wording]: For the purposes of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the SadariRiyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.

(d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of subclause (b) shall be issued except in consultation with the Government of the State:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause (1) or in the second provision to subclause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a noti

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2020 Supreme(SC) 202

IMPORTANT POINTS(1) Decisions rendered by a coordinate Bench is binding on subsequent Benches of equal or lesser strength.(2) Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment.

Cases Referred (10)

IMPORTANT POINTS
(1) Decisions rendered by a coordinate Bench is binding on subsequent Benches of equal or lesser strength.
(2) Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment.