Supreme Court Allows Review Petition and Sets Aside Earlier Judgment of Supreme Court

Supreme Court Allows Review Petition and Sets Aside Earlier Judgment of Supreme Court 

Supreme Court has allowed review petition and held that there is no hesitation in holding that the judgment of Supreme Court in the case of Common Cause cannot be considered a precedent to hold that no ex-post facto EC can be granted.

It is trite law that a Bench of two-Judges is bound by an earlier view taken by the other two-Judge Benches. If, however, a subsequent Bench of two Judges considers the law laid down earlier by another two-Judges Bench requires reconsideration, the only option available to it is to refer the matter to a larger Bench. A Bench of two-Judges cannot take a view contrary to the view taken by a Bench of co-equal strength.

Equally settled is the position of law that the judgment delivered by a subsequent Bench of two Judges in ignorance of the earlier judgment of a Bench of co-equal strength is per incuriam in law.

For details refer CREDAI v. Vanashakti [2025] GCtR 1708 (SC).