Why in news?
In early July 2026 the Supreme Court reiterated that lower benches must follow larger benches. During a criminal appeal from Haryana the court explained the doctrine of per incuriam. It clarified when an earlier judgment may be ignored because of a legal mistake. The explanation has become important for all who study constitutional law.
Background
The doctrine of per incuriam is an exception to the rule of precedent. In general courts follow earlier decisions under the principle of stare decisis. However a judgment is said to be per incuriam if it failed to consider a binding statute or a decision of an equal or larger bench. The concept evolved in England and came into Indian law through case law. In State of U.P. v. Synthetics and Chemicals Ltd. (1991) the Supreme Court recognised that a decision rendered per incuriam does not bind future benches. The doctrine helps maintain judicial discipline by ensuring that mistakes do not become perpetual precedents.
Key points explained
- Ratio and obiter: Only the ratio decidendi of a judgment, meaning the legal reason essential for the decision, can become precedent. Obiter dicta, or observations made in passing, are not binding.
- When per incuriam applies: A decision is per incuriam when it ignores a relevant statutory provision or a judgment of a larger or coordinate bench. Smaller benches cannot declare larger bench decisions per incuriam.
- Narrow scope: Courts apply the doctrine sparingly. It allows departure from precedent only when the earlier ruling is demonstrably wrong because of oversight.
- Effect on stare decisis: Declaring a decision per incuriam removes its binding force but does not affect other sound judgments. Future benches must still follow valid precedent.
Conclusion
The doctrine of per incuriam prevents an incorrect judgment from remaining binding law. The Supreme Court’s explanation in July 2026 underlines that courts must respect precedent yet correct mistakes. Students should understand the difference between ratio and obiter and know when a decision loses its binding force.