From UPSC perspective, the following things are important :
Prelims level: Doctrine of Merger and its implications
Why in the News?
The Supreme Court clarified the “doctrine of merger,” stating that only one final decree or order can govern the same matter. When a higher court rules on a case, its decision overrides the lower court’s decree, becoming the binding and operative order.
What is ‘Doctrine of Merger’?
- The Doctrine of Merger is a legal principle that governs the relationship between decisions or decrees passed by different judicial forums in the hierarchy.
- It holds that once a superior court disposes of a case, the decision or decree of the lower court merges with that of the superior court.
- This doctrine ensures that there is only one operative and binding decree governing a subject matter at a given point in time.
- The doctrine applies when the order or decree of a lower court is subjected to an appeal, revision, or review before a higher court.
- It ensures that there is no ambiguity regarding which order is binding and enforceable.
- Key Features of the Doctrine of Merger
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- Single Operative Decree: The doctrine ensures that once a higher court has passed its judgment, there cannot be multiple operative decrees for the same subject matter.
- Scope: Applicable when a lower court’s order is challenged before a superior court. The higher court’s decision, whether confirming, modifying, or overturning the lower court’s decree, becomes the final and binding authority.
- Effect of Merger: The lower court’s decree is no longer independently enforceable; it is subsumed within the superior court’s order.
Legal Basis and Precedents:
- Kunhayammed v. State of Kerala (2000): The superior court’s decree, whether it confirms, modifies, or sets aside the lower court’s decree, replaces the lower court’s decision.
- Logic of the Doctrine: “There cannot be more than one decree or operative order governing the same subject matter at a given point of time.”
- Jurisdictional Hierarchy: This principle is applied in cases of appeals and revisions where the decision of the higher forum takes precedence over that of the lower forum.
PYQ:[2021] With reference to the Indian judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither I nor 2 |
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