CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANR. versus STATE OF MAHARASHTRA AND ANR.

CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY AND ANR. versus STATE OF MAHARASHTRA AND ANR.

Law laid down by a larger Bench is binding on any subsequent Bench of lesser or coequal strength. A Bench of lesser quorum cannot disagree or dissent from the law laid down by a Bench of larger quorum except by referring the matter for consideration by a Bench of larger strength. The discretion of the Chief Justice to constitute Benches is not bound by these rules, and exceptions exist when a larger Bench itself chooses to reconsider a previous decision for stated reasons.

Parties
Petitioner: Central Board of Dawoodi Bohra Community; Respondent: State of Maharashtra; Respondent: Anr.
Jurisdiction
India
Judgment Date
17 December 2004
Procedural Posture
Interim Application in Writ Petition (civil) / Disposition of I.a. No. 4 in W.p.(c) No. 740 of 1986
Outcome
I.A. No. 4 disposed of; matter to be placed before a Constitution Bench (five Judges) and not a seven-Judge Bench.
Legal Topics
Doctrine of Precedent, Bench Strength, Judicial Discipline, Reconsideration of Constitution Bench Decisions
Constitutional Law Practice and Procedure Doctrine of Precedent Bench Strength Judicial Discipline Reconsideration of Constitution Bench Decisions

Case Brief

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Parties

Central Board of Dawoodi Bohra Community

Petitioner

State of Maharashtra

Respondent

Anr.

Respondent

Procedural Posture

Interim Application in Writ Petition (civil) / Disposition of I.a. No. 4 in W.p.(c) No. 740 of 1986

Legal Issues

  1. 1 Whether a two-Judge Bench can refer a case directly to a seven-Judge Bench for reconsideration of a five-Judge Bench decision
  2. 2 Whether previous constitution bench decisions are binding on Benches of lesser or coequal strength
  3. 3 Proper procedure for reconsideration of Supreme Court precedent

Ratio Decidendi

Law laid down by a larger Bench is binding on any subsequent Bench of lesser or coequal strength. A Bench of lesser quorum cannot disagree or dissent from the law laid down by a Bench of larger quorum except by referring the matter for consideration by a Bench of larger strength. The discretion of the Chief Justice to constitute Benches is not bound by these rules, and exceptions exist when a larger Bench itself chooses to reconsider a previous decision for stated reasons.

Court Disposition

I.A. No. 4 disposed of; matter to be placed before a Constitution Bench (five Judges) and not a seven-Judge Bench.

Orders

  • Matter should be placed for hearing before a Constitution Bench (of five Judges), and not before a larger Bench of seven Judges.
  • If the Constitution Bench doubts the correctness of the law laid down in Sardar Syedna Taher Saifuddin Saheb's case, it may refer the matter to a larger Bench.