State of U.P. & Ors. Vs. Ajay Kumar Sharma & Anr.
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Head Note
Constitution of India, 1950 - Article 141
Doctrine of Precedent - Held that it is a policy of the courts to stand by precedent and not to disturb a settled point - The purpose of precedents is to bestow predictability on judicial decisions - Certainty in law is an essential ingredient of rule of law - A departure may only be made when a coordinate or co-equal Bench finds the previous decision to be of doubtful logic or efficacy and consequentially, its judicial conscience is so perturbed and aroused that it finds it impossible to follow the existing ratio - The Bench must then comply with the discipline of requesting the Hon'ble Chief Justice to constitute a larger Bench - If binding precedents even of co-ordinate strength are not followed, the roots of continuity and certainty of law which should be nurtured, strengthened perpetuated and proliferated will instead be deracinated.
Constitution of India, 1950 - Article 141
Doctrine of Precedent - It mandates that an exposition of law must be followed and applied even by coordinate or co-equal Benches and certainly by all smaller Benches and subordinate courts - A smaller and a later Bench has no freedom other than to apply the law laid down by the earlier and larger Bench; that is the law which is said to hold the field.
The Code of Criminal Procedure, 1973 - Section 24
U.P. Government Legal Remembrancer Manual - Government Counsel - Appointment of - District Government Counsel (Civil and Criminal) - Held that the State, like any other litigant, must have the freedom to appoint counsel in whom they repose trust and confidence - The only expectation is that the choice made by the State should not be such as could defeat the sacred and onerous responsibility of ensuring that the justice is meted out to all citizens - Correct approach is to ensure the competency of advocates being considered for appointment of Additional District Government Counsel, Assistant District Government Counsel, Panel lawyers and Sub District Government Counsel - It would be an incorrect approach to start this process by considering the reappointment or renewal of existing Government Counsels since that would dilute, nay, dissolve the discretion of the Government to appoint advocates whom they find trustworthy - Impugned order passed by the High Court liable to be set aside.
Topic(s)-Government Counsel - Government to appoint advocates whom they find trustworthy