Judicial Precedent

Proper course of action for reconsideration through reference to Chief Justice for constitution of larger bench explained

No doubt, the earlier decision of a bench of a High Court, or of the Supreme Court, on a question of law is binding on another bench of equal numeric strength when dealing with the same question, in the sense that the latter bench cannot decide the same question contrary to the first decision

However, the latter bench is not precluded from examining the correctness of the earlier decision or forming a different view

In such a case, the proper course of action is to refer the matter to the Chief Justice of the High Court, or in the case of the Supreme Court to the Bench-Constitution Committee, with a request for the constitution of a larger bench to examine the correctness of the earlier decision.

Judgment-Held, no authority for points not mooted or discussed.- [Judgment].