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Doctrine of Merger and the Rule of stare decisis

Context: The Supreme Court emphasized that its power under Article 142 of the Indian Constitution is an exception to the doctrine of merger and the rule of stare decisis, aiming to achieve complete justice between parties.

 

What is the Doctrine of Merger and the Rules of stare decisis?

The doctrine of merger is founded on the principles of court decorum and propriety. It holds that when an appellate court issues an order, the lower court’s order becomes absorbed into it. This principle ensures clarity in enforcing decisions when multiple orders exist from different levels of the judiciary. Essentially, it dictates that the superior court’s ruling takes precedence, merging with and superseding the lower court’s decision. Although not codified, this doctrine maintains judicial discipline, guiding subordinate courts in their proceedings.

In contrast, the doctrine of stare decisis mandates that courts adhere to prior judicial decisions when faced with similar legal issues. These decisions, known as precedents, serve as guiding principles for future cases, creating a legal framework for consistent judicial decisions based on past rulings.

doctrine of merger and the rule of stare decisis
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