What is a ‘split verdict’, and what happens next in such cases

Source: The post is based on the article “What is a ‘split verdict’, and what happens next in such cases” published in the Indian Express on 14^th October 2022.

What is the News?

The Supreme Court recently delivered a split verdict in the Karnataka hijab ban case with one of the two judges on the Bench upholding the order of the Karnataka High Court validating the government’s ban, and the other set aside the High Court ruling.

Now the matter was directed to be placed before the Chief Justice of India (CJI) for appropriate directions.

What is a Split verdict?

A split verdict is passed when the Bench cannot decide one way or the other in a case, either by a unanimous decision or by a majority verdict.

Split verdicts can only happen when the Bench has an even number of judges. This is why judges usually sit on benches of odd numbers for important cases.

What happens after a split verdict?

In case of a split verdict, the case is heard by a larger Bench. The larger Bench to which a split verdict goes can be a three-judge Bench of the High Court, or an appeal can be preferred before the Supreme Court.

In the case of the hijab verdict, the CJI, who is the ‘master of the roster’, will constitute a new, larger Bench to hear the matter.

What are the previous cases of the split verdict?

In May, a two-judge Bench of the Delhi High Court delivered a split verdict in a batch of petitions challenging the exception provided to marital rape in the Indian Penal Code (IPC).