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With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements:
- The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment.
- The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law.
- Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.
How many of the above statements is/are correct?
- a)Only one
- b)Only two
- c)All three
- d)None
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to Doctrine of Merger and the Rule of stare decisis, co...
- 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.
- S1is correct: 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.
- S2 is correct: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.
- S3 is incorrect: If a higher court overturns a lower court’s decision, the lower court’s decision is no longer valid or enforceable. It is the higher court’s ruling that prevails.
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With reference to Doctrine of Merger and the Rule of stare decisis, co...
Understanding the Doctrine of Merger
The Doctrine of Merger is a significant legal principle that operates in the context of appellate court decisions.
- When a higher court confirms a lower court's decision, the lower court's judgment loses its separate identity. This means that the lower court's decision merges into the higher court's ruling. This statement is correct.
Explaining the Rule of Stare Decisis
The Rule of Stare Decisis ensures that courts adhere to established precedents set by higher courts within the same jurisdiction.
- This promotes consistency and predictability in legal outcomes, helping to maintain a stable legal framework. Thus, this statement is also correct.
Assessing the Overturned Decisions
The third statement regarding the Doctrine of Merger implies that if a lower court's decision is overturned by a higher court, the original decision remains valid and enforceable.
- This statement is incorrect. Once a higher court overturns a lower court’s decision, the original ruling ceases to be valid or enforceable. The higher court’s decision takes precedence, rendering the lower court's judgment ineffective.
Conclusion
In summary, two statements are accurate:
1. The Doctrine of Merger applies when a higher court confirms a lower court's decision.
2. The Rule of Stare Decisis obligates courts to follow precedents from higher courts.
Only the statement regarding the enforceability of an overturned lower court's decision is incorrect. Therefore, the correct answer to the question is option 'B', indicating that only two statements are correct.
The Doctrine of Merger is a significant legal principle that operates in the context of appellate court decisions.
- When a higher court confirms a lower court's decision, the lower court's judgment loses its separate identity. This means that the lower court's decision merges into the higher court's ruling. This statement is correct.
Explaining the Rule of Stare Decisis
The Rule of Stare Decisis ensures that courts adhere to established precedents set by higher courts within the same jurisdiction.
- This promotes consistency and predictability in legal outcomes, helping to maintain a stable legal framework. Thus, this statement is also correct.
Assessing the Overturned Decisions
The third statement regarding the Doctrine of Merger implies that if a lower court's decision is overturned by a higher court, the original decision remains valid and enforceable.
- This statement is incorrect. Once a higher court overturns a lower court’s decision, the original ruling ceases to be valid or enforceable. The higher court’s decision takes precedence, rendering the lower court's judgment ineffective.
Conclusion
In summary, two statements are accurate:
1. The Doctrine of Merger applies when a higher court confirms a lower court's decision.
2. The Rule of Stare Decisis obligates courts to follow precedents from higher courts.
Only the statement regarding the enforceability of an overturned lower court's decision is incorrect. Therefore, the correct answer to the question is option 'B', indicating that only two statements are correct.
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With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer?
Question Description
With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer?.
With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Doctrine of Merger and the Rule of stare decisis, consider the following statements: The Doctrine of Merger applies when a higher court confirms the decision of a lower court, causing the lower court’s decision to lose its separate identity and merge into the higher court’s judgment. The Rule of Stare Decisis obligates courts to follow the precedents set by higher courts within the same jurisdiction to ensure consistency and predictability in the law. Under the Doctrine of Merger, if a lower court’s decision is overturned by a higher court, the original decision remains valid and enforceable.How many of the above statements is/are correct?a)Only oneb)Only twoc)All threed)NoneCorrect answer is option 'B'. Can you explain this answer?.
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