Answer By law4u team
Yes, the Supreme Court of India can overrule its previous judgment. This power stems from the fact that the Supreme Court is the highest constitutional court in the country, and its decisions are binding on all other courts under Article 141 of the Constitution of India. However, the doctrine of stare decisis (respect for precedent) is followed to ensure consistency and stability in the law. Still, the Court can depart from its earlier decisions when it believes that the previous ruling was incorrect or that there has been a significant change in legal or social circumstances. Legal Basis and Principles: 1. Constitutional Authority: Under Article 141, the law declared by the Supreme Court is binding on all courts within India. However, it does not bind the Supreme Court itself absolutely. The Court can re-examine and overrule its earlier decision if it finds it necessary to uphold justice or constitutional principles. 2. Doctrine of Precedent vs. Correctness: While precedent ensures consistency, the Supreme Court may depart from it to correct a legal mistake. The goal is to uphold justice rather than follow an error. 3. Bench Strength Matters: Generally, a larger bench can overrule a decision made by a smaller bench. For example: A three-judge bench can overrule a two-judge bench decision. A five-judge Constitution Bench can overrule a three-judge bench, and so on. This ensures institutional discipline and hierarchical respect among benches. Landmark Examples: Kesavananda Bharati v. State of Kerala (1973): This 13-judge bench overruled the earlier decision in Golaknath v. State of Punjab (1967) and laid down the Basic Structure Doctrine. Minerva Mills v. Union of India (1980): This case reaffirmed the doctrine laid down in Kesavananda and struck down amendments that violated the basic structure. Navtej Singh Johar v. Union of India (2018): Here, the Court overruled Suresh Kumar Koushal v. Naz Foundation (2013) and decriminalized homosexuality under Section 377 IPC. Justice K.S. Puttaswamy v. Union of India (2017): Overruled M.P. Sharma (1954) and Kharak Singh (1962) to affirm the right to privacy as a fundamental right. Summary: Yes, the Supreme Court can overrule its earlier decisions when a larger bench is constituted, or when it believes the earlier judgment was wrongly decided or no longer holds good in changed circumstances. This power ensures that justice and constitutional values evolve over time in accordance with societal needs and legal developments.
