Judicial – Bench Strength – Decorum / The Revival of Ray XIV

Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261].

Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔

Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘

Judicially Ordered, Expressly Conferred/Implicit, Authority to a Lower Forum/Smaller Bench; Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✔

In K. S. Subramanian, (1976) 3 SCC 677 the Supreme Court observed that the proper course for a High Court was to try to find out and follow the opinion expressed by Larger Benches of the Supreme Court in preference to those expressed by Smaller Benches of the Supreme Court and that was the practice also to be followed by the Supreme Court itself. The practice has now crystallized into a rule of law declared by the Supreme Court. A similar view was taken by the Supreme Court in Bharat Petroleum Corporation Ltd., (2001) 4 SCC 448.

Hon’ble Justice Indira Banerjee, All India Institute of Medical Sciences v. Sanjiv Chaturvedi, [Civil Appeal No. 1392 of 2019].