Bench Strength and Supreme Court Precedent

Bench strength means the number of judges who constitute a Supreme Court bench deciding a case. The precedential authority of its decision depends chiefly on that number: a decision of a larger bench prevails over one delivered by a smaller bench. This rule promotes consistency and judicial discipline.

Constitutional basis of precedent

Under Article 141, the law declared by the Supreme Court is binding on all courts within India. What binds 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 the larger bench's ruling was unanimous or by majority.
• A bench cannot overrule a decision of a coordinate bench, meaning another bench of equal strength. If it doubts that decision, it should refer the issue to a larger bench.
• A smaller bench may distinguish an earlier precedent where the material facts or legal issue are different, but it cannot disregard the binding principle.
• An earlier ruling can be overruled only by a larger bench, while the majority opinion in that larger bench supplies the binding rule.

Constitution benches and constitutional 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. The expression “Constitution Bench” indicates this minimum composition, but numerical strength remains decisive: a seven-judge ruling prevails over a five-judge ruling. Thus, in disputes concerning Article 21, including dignity in death, smaller benches must apply the governing larger-bench precedent unless the issue is referred for reconsideration.