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May 29, 2024

Daily Legal Current Affairs for PCS (J) Judiciary 29 May 24 : SC ‘s constitutional bench Vs smaller bench

Why in News The Supreme Court of India has recently  made a big decision that said decisions made by the Constitution bench are more important than decisions made by smaller benches. According to the Haryana Village Common Lands (Regulation) Act, 1961, this was brought up during a review of a bad 2022 decision about land-holding rights.

Supreme Court Verdict :

  • The Supreme Court made a decision on April 7, 2022, about how to handle and control land that was taken from landowners in Haryana within the allowed limits.
  • This ruling made it clear that panchayats didn’t have the right to claim ownership of these kinds of lands. Their only job was to handle and keep an eye on them. The land doesn’t go back to its original owners, it is kept for current and future community needs.

Review of the Supreme Court’s Decision:

  • After that, a decision made by a group of Justices B R Gavai and Sandeep Mehta went over this decision again. They said that the first decision should have been based on a precedent set by a Constitution bench ruling in 1966, but it wasn’t. The bench stressed that not following such an example was not only a big mistake, but also seriously hurt the legal system, which caused the original April 2022 order to be revoked.

Key Legal Principles :

  • This situation made clear several important law principles:
  • Binding Precedent: Decisions made by Constitution benches must be followed by groups with fewer judges.Legal interpretations will be stable and consistent across all cases and judges.
  • Judicial Review: The review process is very important for fixing mistakes or crucial omissions. In situations where there might be a miscarriage of justice, it is necessary to make sure that legal choices are fair and legal.
  • Legal Consistency: Consistency in court decisions is important to keep trust in the system and make sure that results can be predicted.
  • Upholding the integrity and consistency of the legal system depends on following well-known legal standards.
The Punjab Village Common Lands (Regulation) Act, 1961:

  • This Act applies to the state of Punjab and regulates the use and disposal of common lands (Shamlat Deh) in villages. Haryana was earlier part of Punjab. It’s possible this Act was applicable to Haryana before the state’s formation.

The Haryana Municipal Common Lands (Regulation) Act, 1974:

  • This Act governs common lands within municipalities of Haryana. It vests the rights and interests in Shamlat Deh with the municipal committee and outlines their utilization for the benefit of the municipality’s inhabitants.


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