DOCTRINE OF MERGER

PRELIMS BITS: 

The Doctrine of Merger is a principle in administrative and constitutional law that ensures judicial, quasi-judicial, or administrative orders made by subordinate authorities are merged with the decision of a higher authority when the latter adjudicates an appeal or review.

Meaning and Application

1. Definition:
   When a higher authority adjudicates an appeal or review against the decision of a subordinate authority, the decision of the subordinate authority ceases to exist and merges with the decision of the higher authority.
2. Purpose:
   To maintain the hierarchy of the judicial system and avoid conflicts between decisions at different levels.
3. Scope:
   • Applies to appellate and revisional orders.
   • Encompasses judicial and quasi-judicial decisions.

Key Features

1. Hierarchy of Authority: A decision given by a lower court or tribunal loses its individuality once it is appealed and a decision is made by a higher court.
2. No Merger Without Appeal: If no appeal or review is filed, the original decision stands, and the doctrine does not apply.
3. Binding Nature: The decision of the higher authority becomes binding and supersedes the original decision.

Examples in Law

1. Judicial Context:
   • If a High Court modifies or affirms the decision of a District Court, the original decision merges into the High Court’s decision.
   • When the Supreme Court delivers a judgment on appeal, the decision of the High Court merges with it.
2. Administrative Context:
   • If a higher administrative authority revises or confirms an order passed by a lower administrative body, the latter’s decision is subsumed under the former.

Limitations

1. Statutory Bar: If a statute specifically prohibits appeals or reviews in certain matters, the doctrine does not apply.
2. Independent Issues: If the higher authority does not address all issues in the original decision, only the addressed portions merge.

Case Laws

1. CIT v. Amritlal Bhogilal and Co. (1958):
   • The Supreme Court held that when an appellate authority confirms, modifies, or reverses a decision, the original order ceases to exist and merges with the appellate order.
2. Kunhayammed v. State of Kerala (2000):
   • The Supreme Court clarified that the doctrine of merger applies only when an appellate or revisional order has been passed, and not when leave to appeal is denied.