Hon’ble Justice Vikramajit Sen has yet again described what “holds the field” [See, The Proverbial Chickens of Destiny & Sen J I ]. The phrase “holds the field” is to Sen J what a “means and includes” definition is to Nariman J.

“A Smaller and a Later Bench has no freedom other than to apply the law laid down by the Earlier and Larger Bench; that is the law which is said to hold the field. A departure may only be made when a Coordinate or Co-equal Bench finds the previous decision to be of doubtful logic or efficacy and consequentially, its judicial conscience is so perturbed and aroused, it finds it impossible to follow the existing ratio. The Bench must then comply with the discipline of requesting the Hon’ble Chief Justice to constitute a Larger Bench.”

See, State of U.P. v. Ajay Kumar Sharma, [Civil Appeal No. 13727 of 2015].

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State of Uttar Pradesh v. Ajay Kumar Sharma, (2016) 15 SCC 289, has reiterated, once a Coordinate Bench of a High Court has settled a question of law, a Subsequent Bench of Equal Strength is bound to follow that view when confronted with same issue or Refer to a Larger Bench. What it cannot do is to sidestep or whittle down earlier pronouncement by confining it artificially or by treating it as a fact-specific indulgence. Law cannot change with change of Bench.

– Hon’ble Justice Aravind Kumar, Adani Power Ltd. v. Union of India, [Special Leave Petition (Civil) No.24729 of 2019] decided on 05.02.2026.