Article 136, Article 141, and the Doctrine of Merger: A Question of Jurisdiction

Sharing a short presentation on the principle explained by the Supreme Court in Kunhayammed v. State of Kerala. The decision offers a nuanced exposition of the Doctrine of Merger, Article 136 and Article 141. It lays down that

• A refusal to grant special leave under Article 136 does not, by itself, lead to merger of the impugned order.

• Even where such refusal is accompanied by a reasoned order, the doctrine of merger does not operate, though any declaration of law contained in that order may bind under Article 141 of the Constitution.

• It is only when leave is granted and the Supreme Court assumes appellate jurisdiction that the doctrine comes into play.

The judgment is a reminder that the legal effect of a judicial order may or may not not merely depend on the outcome reached, but also on the nature of the jurisdiction exercised in reaching it.