DOCTRINE OF MERGER

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Context: The Supreme Court of India has ruled that its extraordinary powers under Article 142 of the Constitution of India are an exception to the doctrine of merger and the rule of stare decisis, allowing for complete justice between parties.

Details

• The Supreme Court of India has ruled that Article 142 of the Constitution of India is an exception to the doctrine of merger and the rule of stare decisis.
• The court applied the test laid down in the landmark judgement of the Constitution Bench of 5 Judges in Indore Development Authority v/s Manoharlal and others (2020 SC) to the batches of appeals filed by the landowners.
• The extraordinary constitutional powers vested in the court under Article 142 of the Constitution of India remain unaffected and are always deemed to be preserved as an exception to the doctrine of merger and the rule of stare decisis.

Supreme Court's Interpretation of Doctrine of Merger and Stare Decisis

Doctrine of Merger

• A common law doctrine based on maintaining decorum and propriety in courts.
• Provides that when an appellate court passes an order, the lower court's order is merged with that order.
• The doctrine addresses the issue of which order must be enforced and given importance if multiple orders are passed by both subordinate and superior courts on a single issue.
• The doctrine is not recognized statutorily but is a statement of judicial propriety aimed at instilling discipline in subordinate adjudicating authorities.

Doctrine of Stare Decisis

• Refers to the concept that courts must follow previously made judicial decisions when the same legal issues are brought before them in subsequent matters.
• Courts refer to previous, similar legal issues known as "precedents" to guide their decisions. These precedents become an authority or example for judges to decide similar legal cases/issues in the future.

Source:

VERDICTUM