Source – This post on Doctrine of Merger has been created based on the article “To Do Complete Justice”: Supreme Court Says That Its ‘Article 142’ Power Is An Exception To Doctrine Of Merger & Rule Of Stare Decisis” published in “The verdictum” on 2 June 2024.
Why in News?
The Supreme Court of India has noted that the unique powers granted under Article 142 of the Indian Constitution are exceptions to two established legal principles: the Doctrine of Merger and the Doctrine of Stare Decisis. This is done to ensure justice is comprehensively served in specific cases.
About Doctrine of Merger
1. Purpose: The Doctrine of Merger aims to maintain decorum and orderliness in the judicial system.
2. Nature: It is a judicially created doctrine aimed at instilling discipline across different levels of courts and authorities.
3. Principle: When a higher court (appellate court) makes a ruling, the original ruling by the lower court is absorbed or “merged” into the higher court’s decision.
4. Rationale: This ensures that only one final ruling exists on any given issue, avoiding confusion over which order should be followed.
5. Application: This doctrine applies to decisions made by all levels of courts, ensuring that the ruling of a higher court supersedes and absorbs that of a lower court.
About Doctrine of Stare Decisis
1. Stare Decisis” is Latin for “to stand by things decided.” This doctrine mandates that courts follow the rulings made in earlier similar cases.
2. Importance of Precedents: Past decisions serve as precedents, which are principles or rules that guide judicial decisions in future similar cases.
3. Role of Precedents: These are used by judges as references for making decisions in current cases with similar legal questions.
4. Obligation: Courts are obligated to consider these precedents in their rulings to maintain consistency and predictability in the law.
5. These doctrines collectively ensure that the legal system operates efficiently, maintaining consistency and hierarchy in judicial decisions.
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