In Brief
Multiple petitions challenged the constitutionality of two Presidential Orders issued under Article 370 of the Indian Constitution. The petitioners sought a reference to a larger Bench, arguing that earlier co-ordinate Bench decisions should be reconsidered due to the doctrine of precedent and the rule of per incuriam. The Court held that the doctrine of precedent and stare decisis are fundamental to legal certainty and stability. The rule of per incuriam applies only to the ratio decidendi and must be applied sparingly when there is irreconcilable conflict. The Court declined to refer the matter to a larger Bench.
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