The Supreme Court has witnessed a debate regarding “Coordinate Benches” overturning judgments passed by earlier benches of the same strength. This was highlighted by Justice B.V. Nagarathna following the recall of the Vanashakti judgment regarding environmental clearances.
A. The Doctrine of Stare Decisis
- Definition: A Latin term meaning “to stand by things decided.” It obligates courts to follow historical cases when making a ruling on a similar case.
- Purpose: Ensures certainty, consistency, and stability in law.
- Indian Context: Under Article 141, the law declared by the Supreme Court is binding on all courts within the territory of India.
B. Hierarchy of Benches (Judicial Discipline)
- The Rule: A bench of lesser strength is bound by the view of a larger bench.
- Coordinate Benches: A bench of the same strength (e.g., a 2-Judge Bench vs. another 2-Judge Bench) cannot overrule an earlier decision of a coordinate bench.
- The Procedure: If a coordinate bench disagrees with an earlier view, they must refer the matter to the Chief Justice of India (CJI) to constitute a Larger Bench to settle the issue.
C. Independence of Judiciary
- Constitutional Protection: It is part of the Basic Structure Doctrine (declared in the Kesavananda Bharati case, 1973 and reaffirmed in the NJAC case, 2015).
- Components: Includes financial autonomy, security of tenure, and insulation from political executive interference.
The Environmental Context (EIA Notification)
The Vanashakti Case Controversy
- Core Issue:Ex-Post Facto Environmental Clearance.
- What is it? Granting environmental clearance to a project after it has already started operations or construction.
- Legal Status: The EIA Notification, 2006, generally envisages “Prior Clearance.”
- Judicial Stance:
- Earlier View: The SC (in Vanashakti) held that ex-post facto clearances are contrary to the precautionary principle of environmental law.
- Current View (Post-Recall): Recent benches have held that absolute closure of industries for want of prior clearance is not always feasible; they can be regularized upon payment of penalties.
Relevant Constitutional Articles :
| Article | Provision |
| Article 141 | Law declared by Supreme Court is binding on all courts. |
| Article 142 | Enforcement of decrees and orders of Supreme Court (Complete Justice). |
| Article 145(3) | Minimum number of Judges (5) required for interpreting the Constitution (Constitution Bench). |
| Article 137 | Power of Supreme Court to review its own judgments. |
