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Understanding Concurring Opinions in Indian Jurisprudence
In the realm of Indian law, judicial decisions often feature multiple judges providing their views on a case. Among these, the concurring opinion stands out as a fascinating yet sometimes misunderstood element. A concurring opinion occurs when a judge agrees with the majority's outcome but offers distinct reasoning or additional insights. But does it bind future cases? How does it influence legal precedents? This blog post delves into these questions, drawing from landmark Supreme Court judgments to clarify the significance of concurring opinions.
Whether you're a law student, practicing lawyer, or curious reader, understanding concurring opinions can illuminate how Indian courts craft nuanced legal principles. We'll explore definitions, binding nature, and real-world examples while emphasizing that this is general information—not specific legal advice. Legal outcomes always depend on individual facts.
What is a Concurring Opinion?
A concurring opinion (also called a separate concurring judgment) is written by a judge who supports the majority decision but provides alternative reasoning. Unlike a dissent, it aligns with the final outcome.
- Key distinction: It agrees on the result but may differ in logic, emphasis, or scope.
- Purpose: To refine legal reasoning, highlight overlooked aspects, or offer broader perspectives without disrupting the majority view.
As noted in judicial practice, We have had advantage of reading careful judgment prepared by my learned brother but court find myself unable to agree with conclusions... [
Search Results for "Concurring Opinion in Indian Law: Key Insights"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
on this - Held, In the light of the above decisions of this Court, we feel that the said observations made in the impugned judgment ... give a brief exordium about its perniciousness, though strictly speaking, we would be otherwise not constrained to express any opinion ... In this case, Chandrachud, CJ in his concurring separate judgment has stated that "if the FIR does not disclose the commission of ... The above view of the High Court in our opinion is neither conc....
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
while confirming judgment of trial Court affirmed death sentence and hence this appeal by special leave - Held, Distance of time ... suicide out of sheer depression and frustration arising from an emotional upsurge - This is the dominant issue which falls for decision ... by this Court - Court rejected theory of suicide and found that was murdered by her husband by administering her a strong dose of ... (Concurring) :- 182. ... (Concurring) :- 210. ... since I am unab....
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
... -see decision in Maneka Gandhi v. ... have made any difference of natural justice has been observed ... -see decision ... opinion subsequently. ... Since reliance was placed only on the opinion of Justice Douglas, we may confine our attention to that opinion. ... The court observed that the principle underlying the opinion of the majority in Gopalan's case was extended to the protection of
1979 0 Supreme(SC) 300 • India - Supreme Court
P.N.BHAGWATI, R.S.PATHAK, V.D.TULZAPURKAR
Justice Frankfurter, concurring, reduced the case to simpler terms. ... The dominant theme of the majority opinion written by Mr. ... This argument, in our opinion, is misconceived and cannot be sustained for a moment.
1980 0 Supreme(SC) 184 • India - Supreme Court
P. N. BHAGWATI, R. S. PATHAK, N. L. UNTWALIA, Y. V. CHANDRACHUD, O. CHHINNAPPA REDDY
(iv), further clarify the legislative intent conferring wide discretionary power - Courts should be left free to exercise their judicial ... href=act:78~S.437>437 or which are generally considered to be relevant under sec. 439 of the Code - No rule for exercise of Judicial ... Code of Criminal Procedure 1973, Sec. 438 - Scope of the section - Power of the Court to grant anticipatory bail ... Though there is a conflict of judicial opinion about the power of a Court to grant anticipatory....
2015 0 Supreme(Mad) 1535 • India - Madras
V.RAMASUBRAMANIAN
opinion task of Constitutional Court to maintain a balance between liberty and authority is never done because new conditions of ... warranting interference at pre-execution stage though Court may exercise a lot of restraint - As pointed out in his separate but concurring ... causes - It is claimed by petitioner that her son was arrested but police showed as though he was arrested - He was produced before Judicial ... As pointed out by J.Chelameswar, J, in his separate but concurring opinion in Subhash ....
2003 5 Supreme 229 • India - Supreme Court
S. B. SINHA, A. R. LAKSHMANAN
[Concurring Opinion] ... Renouncement of world by a person following ... (Concurring Opinion) ... Whether in an enactment religious bequests by ... Therefore, in my opinion, Section 118 of the Act is anamalous, discriminatory and violative of Articles 14, 15, 25 and 26 of the ... -[Concurring Opinion]43. ... -[Concurring Opinion]54. ... While agreeing with the opinion of My Lord, the Chief Justice of India, I would....
2003 5 Supreme 580 • India - Supreme Court
G. P. MATHUR, S. B. SINHA, V. N. KHARE
(Concurring Opinion) ... In view of our discussions aforementioned, it ... ... Per Majority Opinon ... ... (Concurring Opinion) 7. ... JUDGMENTMajority Opinion
opinion, the contention raised has no substance.
2003 6 Supreme 907 • India - Supreme Court
BRIJESH KUMAR, S. B. SINHA, V. N. KHARE
(Concurring opinion) ... Determination of caste of a person is governed ... The impugned judgment, therefore, cannot be sustained. ... She has admitted that the respondent was a nominee of the ruling party in the State. ... (Concurring opinion)21. ... Subject to aforementioned, I respectfully agree with the opinion of my learned brother. ... In our opinion, the State has no jurisdiction to reserve a Constituency for a person who does not belong to ....
2000 5 Supreme 582 • India - Supreme Court
K.T.THOMAS, R.P.SETHI
(Concurring opinion)- ... A social duty is cast upon the legal profession ... It is true that an advocate is competent to settle the terms of his engagement and his fee by private agreement with his client but ... rights, statutory as well as constitutional, by an advocate only on account of the exalted position conferred upon him under the judicial ... -(Concurring Opinion)28. ... or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to a....
2026 Supreme(Online)(Gau) 5887 • India - High Court of Gauhati
THE CHIEF JUSTICE, MR. JUSTICE ARUN DEV CHOUDHURY
We also say so for the reason that the separate opinion in the concurring judgment cannot be divorced from the certainty of law and the decided principles of Industrial adjudication, which the majority opinion has preserved. ... Roy, learned Senior Advocate submits that the learned Single Judge fell in error in relying upon a paragraph in the concurring opinion instead of going by the binding ratio of the judgment. He relies on the judgment in Shambhu Nath Goyal vs. ... It appears from impugned judgment....
2015 0 Supreme(SC) 1292 • India - Supreme Court
A.M.SAPRE
I, however, do not find any scope to meet such eventuality in this case and therefore no useful purpose would be served in writing an elaborate concurring opinion. ... In my view, it is only when some issues are not dealt with or though dealt with but requires some elaboration, the same can be supplemented while concurring. ... agree with the line of reasoning and the conclusion arrived at by my Brother Justice Uday Umesh Lalit while answering the questions referred to this Bench, I do not consider it necessary to give my separate reasoni....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
There was no material on record so as to declare the concurring opinion of the Medical Board and the Appeal Medical concurring opinion regarding unfitness on account of DNS cannot was liable to be rejected as unfit solely on account of DNS and therefore, keeping in view the concurring ... Learned counsel submitted that if the opinion of the specialist of the Medical Board and Appeal Board and the Appeal Medical Board, there is no reason why the <p style="position:absolute;white-space:p....
• India - Delhi High Court
Reliance is placed on paragraphs 16 to 20 of the said judgment, as also the concurring opinion in paragraphs 43 to 46. 9. ... Even in the concurring opinion, it has been observed clearly that the commencement of evidence would bring the time period for filing of the written statement to a complete halt. ... Asutosh Lohia, ld. counsel appearing for the Defendant submits that the concurring opinion in Ashok Kumar Kalra (Supra), especially paragraph 44, shows that even after commenc....
• India - Delhi High Court
Reliance is placed on paragraphs 16 to 20 of the said judgment, as also the concurring opinion in paragraphs 43 to 46. 9. ... Even in the concurring opinion, it has been observed clearly that the commencement of evidence would bring the time period for filing of the written statement to a complete halt. ... Asutosh Lohia, ld. counsel appearing for the Defendant submits that the concurring opinion in Ashok Kumar Kalra (Supra), especially paragraph 44, shows that even after commenc....
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