Bench Strength and Supreme Court Precedent

Bench strength is the number of judges constituting a Supreme Court bench. Under Article 141, the law declared by the Supreme Court binds all courts within India, while judicial discipline requires smaller and coordinate benches to follow the Court's bench-strength hierarchy. A precedent requiring reconsideration must be placed before a bench larger than the bench that delivered it.

What part of a judgment binds

The binding element is the ratio decidendi, meaning the legal principle necessary for deciding the case. Incidental observations, called obiter dicta, do not carry the same binding force.

Hierarchy based on bench strength

• A decision of a larger bench binds benches of smaller strength, irrespective of whether it was unanimous or decided by majority.
• A bench cannot overrule a decision of a coordinate bench, meaning a bench of equal strength; the majority opinion of a larger bench supplies the binding rule.
• A smaller bench may distinguish a precedent when the material facts or legal issue differ, but it cannot disregard its binding principle.

When reconsideration may be sought

In Central Board of Dawoodi Bohra Community v. State of Maharashtra, the Supreme Court clarified the procedure for doubting an earlier precedent.

• When a coordinate bench doubts the correctness of an earlier coordinate-bench decision, it should record its doubts and seek consideration by a larger bench, rather than pronounce a contrary rule.
• A bench smaller than the bench that delivered the precedent remains bound by it. If it has serious doubts, it may invite the Chief Justice of India to place the matter before a bench larger than the one whose decision is questioned.
• Until a larger bench reconsiders or overrules the precedent, the existing binding rule continues to operate.

Constitution benches and fundamental rights

Under Article 145(3), at least five judges must hear a case involving a substantial question of constitutional interpretation or a presidential reference under Article 143. A seven-judge ruling prevails over a five-judge ruling; therefore, in disputes concerning Article 21, including dignity in death, smaller benches must follow the governing larger-bench precedent unless it is reconsidered through the proper procedure.