GAURAV JAIN AND ANR. versus UNION OF INDIA AND ORS.

GAURAV JAIN AND ANR. versus UNION OF INDIA AND ORS.

Directions issued by a judge under Article 142 without concurrence of a majority, where another judge dissents, are improper; such matters must be referred to a larger bench as required by Article 145(5). Article 142 does not override this requirement.

Parties
Petitioner: Gaurav Jain; Respondent: Union of India
Jurisdiction
India
Judgment Date
30 March 1998
Procedural Posture
Review Petition in Writ Petition (civil) No. 824 of 1988 / Supreme Court Review Judgment
Outcome
Review Petition allowed; impugned directions set aside.
Legal Topics
Articles 32, 142, 145 of the Constitution, Public Interest Litigation, Division Bench Procedure
Constitutional Law Articles 32, 142, 145 of the Constitution Public Interest Litigation Division Bench Procedure

Case Brief

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Parties

Gaurav Jain

Petitioner

Union of India

Respondent

Procedural Posture

Review Petition in Writ Petition (civil) No. 824 of 1988 / Supreme Court Review Judgment

Legal Issues

  1. 1 Whether a judge sitting in a division bench of two judges can issue binding directions under Article 142 despite dissent by the other judge
  2. 2 Whether Article 142 can override the procedure laid down in Article 145(5) of the Constitution where judges differ

Ratio Decidendi

Directions issued by a judge under Article 142 without concurrence of a majority, where another judge dissents, are improper; such matters must be referred to a larger bench as required by Article 145(5). Article 142 does not override this requirement.

Court Disposition

Review Petition allowed; impugned directions set aside.

Orders

  • Directions given by the learned judge relating to prostitution and/or its amelioration or eradication are set aside.
  • Observations relating to the use of Article 142 in this connection are set aside.