Larger Bench Judgment Will Prevail Regardless Of Number Of Judges In Majority : Supreme Court
A Constitution Bench of the Supreme Court on Monday ruled that a judgment delivered by a larger bench will prevail irrespective of the number of judges constituting the majority. To illustrate, the judgment of a 7-judge bench delivered with 4:3 majority will prevail over a unanimous 5-judge bench. The bench pointed out that under Article 145(5), the concurrence of majority judges is viewed as judgment of the Court. It also noted that the same issue was answered by Justice Nageswara Rao's judgment in Dr.Jayasree Patil case (Maratha quota case).