Judicial Majoritarianism
Need
- Majority Views: Judicial Majoritarianism refers to requirement for a majority consensus in the delivering judgment which involves a substantial interpretation of constitutional provisions.
- Constitutional Position: Article 145(5) of the Constitution states that no judgment can be delivered except with the concurrence of a majority of the judges but that judges are free to deliver dissenting judgments or opinions. In such cases, Constitutional Benches are consisted of five or more judges are set up in consonance with Article 145(3) of the Constitution.
- Freedom of Speech and Expression: To take efficient decision, majority views are upheld but it does not mean ....
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