The Doctrine of Merger dictates that when a higher court reviews a lower court’s decision, the lower court's order merges with the higher court's judgment. It ensures a single binding order, maintains judicial hierarchy, and prevents conflicting rulings. In India, if the Supreme Court grants special leave, the doctrine applies.
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The Doctrine of merger explains that when a higher court reviews a lower court's decision, the lower court's order merges into the higher court's final judgment.
The Doctrine of Merger is a legal principle that ensures only one operative order governs a specific subject matter at any given time.
When a higher court reviews a decision from a lower court, the lower court's order merges with the higher court's order. This means the higher court's decision becomes the final and binding order.
The doctrine maintains the hierarchy and decorum of the judicial system. It prevents multiple conflicting orders on the same issue, and ensures clarity and consistency in legal proceedings.
Its application depends on the nature of the jurisdiction exercised by the superior court and the specific subject matter of the case. For example, if a superior court's jurisdiction is limited or if the subject matter doesn't warrant a merger, the doctrine may not apply.
In India, under Article 136 of the Constitution, the Supreme Court can grant special leave to appeal against judgments from subordinate courts or tribunals.
If the Supreme Court grants this leave and modifies or affirms the lower court's decision, the lower court's order merges with the Supreme Court's order. However, if the Supreme Court dismisses the special leave petition without hearing the case, the lower court's order stands, and the doctrine of merger doesn't apply.
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PRACTICE QUESTION Q.Which of the following best describes the concept of "Doctrine of Merger" in the context of Indian law? A) Lower court’s decision is subsumed by the higher court’s decision. B) Merging of legal rights after a final judgment. C) Party’s right to appeal is lost due to a merger. D) Merging of constitutional and statutory laws. Answer: A Explanation: The Doctrine of Merger states that when a higher court passes a judgment, it merges the judgment of the lower court. The earlier judgment is replaced or subsumed by the superior court's ruling, and thus the lower court’s decision ceases to exist independently. |
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