What is a ‘split verdict’, and what happens next in such cases

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The Supreme Court delivered a split verdict in the case regarding the ban on hijabs in Karnataka’s educational institutions, on Oct. 13, 2022. (PTI Photo/Kamal Singh)
With the Karnataka hijab case seeing a split verdict from a two-judge Supreme Court bench, we explain what happens next in such judgements.

The Supreme Court on Thursday (October 13) delivered a split verdict in the Karnataka hijab ban case with one of the two judges on the Bench upholding the March 15 order of the Karnataka High Court validating the government’s ban, and the other set aside the High Court ruling.

With the two-judge Bench divided in its view, the matter was directed to be placed before Chief Justice of India (CJI) U U Lalit for appropriate directions.

A split verdict is passed when the Bench cannot decide one way or the other in a case, either by a unanimous decision or by a majority verdict. Split verdicts can only happen when the Bench has an even number of judges. This is why judges usually sit in Benches of odd numbers (three, five, seven, etc.) for important cases, even though two-judge Benches — known as Division Benches — are not uncommon.

After the verdict

In case of a split verdict, the case is heard by a larger Bench.

The larger Bench to which a split verdict goes can be a three-judge Bench of the High Court, or an appeal can be preferred before the Supreme Court. In the case of the hijab verdict, the CJI, who is the ‘master of the roster’, will constitute a new, larger Bench to hear the matter.

In May, a two-judge Bench of the Delhi High Court delivered a split verdict in a batch of petitions challenging the exception provided to marital rape in the Indian Penal Code (IPC).

Justice Rajiv Shakdher held that the exception under Section 375 (which deals with rape) of the IPC is unconstitutional, while Justice C Hari Shankar held that the provision is valid.

 

Among other cases in which courts have delivered split verdicts is the Madras High Court Division Bench order on the challenge to the disqualification of AIADMK MLAs owing allegiance to TTV Dinakaran (2018).

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Disclaimer: What is a ‘split verdict’, and what happens next in such cases - Views expressed by writers in this section are their own and do not necessarily reflect Latheefarook.com point-of-view

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