{"id":27865,"date":"2026-07-14T10:40:36","date_gmt":"2026-07-14T10:40:36","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=27865"},"modified":"2026-07-14T10:46:33","modified_gmt":"2026-07-14T10:46:33","slug":"doctrine-of-per-incuriam-indian-law-supreme-court-2026-parveen-kumar","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/doctrine-of-per-incuriam-indian-law-supreme-court-2026-parveen-kumar\/","title":{"rendered":"Doctrine of Per Incuriam in Indian Law: Supreme Court’s 2026 Landmark Judgment Explained | Article 141 & Judicial Precedent"},"content":{"rendered":"\n

<\/span>I. Introduction and Conceptual Foundation<\/span><\/h2>\n\n\n\n

The doctrine of per incuriam<\/em> operates as one of the few recognized exceptions to the cardinal rule of stare decisis<\/em> enshrined in Article 141 of the Constitution of India, 1950. Derived from the Latin expression meaning “through inadvertence” or “through carelessness,” the doctrine permits a court to treat an earlier decision as lacking binding force where that decision was rendered in ignorance or forgetfulness of a binding statutory provision, rule, regulation, or an earlier precedent of coordinate or superior authority. This oversight must be of such a nature that, had the binding legal material been placed before the earlier court, it would demonstrably have altered the outcome.<\/p>

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