Per curiam (decision or opinion) – By the court.
Meaning of Per Curiam
Latin: Per curiam
English: “By the court” or “of the court”
A per curiam decision is a judgment or opinion delivered collectively by the court, rather than authored by a single judge.
It usually represents the unanimous view of the court.
Often used in appellate courts, including the Supreme Court and High Courts.
Key Features of Per Curiam Decisions
Authorship
No single judge is credited; the opinion speaks as the court’s voice.
Differs from regular judgments, which often indicate the individual judge writing the opinion.
Purpose
Usually for clear-cut cases or where the law is well-settled.
Helps in speedy resolution of cases without detailed reasoning.
Binding Nature
Per curiam judgments are binding precedents, just like other judgments.
However, sometimes they are brief and may carry limited reasoning, making them less cited in complex legal issues.
Scope of Use
Common in Supreme Court rulings, summary judgments, constitutional bench decisions, and procedural matters.
Applications in Law
Civil Law
Courts issue per curiam decisions to settle uncontested or straightforward appeals.
Example: Appeals involving uncontested financial matters.
Criminal Law
Often used in procedural appeals or review petitions where the law is clear.
Constitutional Law
Used to uphold well-established constitutional principles without extensive reasoning.
Illustrative Case Law
Bush v. Gore, 531 U.S. 98 (2000) [US Supreme Court]
Facts: Dispute over Florida vote recount in US Presidential elections.
Held: The Supreme Court issued a per curiam decision, stopping the recount.
Significance: Represented the unanimous or collective view of the Court.
Vishaka v. State of Rajasthan, AIR 1997 SC 3011 [India]
Though authored by Justice J.S. Verma, several directions on sexual harassment guidelines were delivered per curiam to show collective authority.
R. v. Dudley & Stephens (1884) 14 QBD 273 [UK]
Some decisions in criminal law appellate matters were delivered per curiam, reflecting the court’s collective reasoning rather than an individual judgment.
Relation to External Law Principles
Common Law Systems
In the UK and US, per curiam decisions reflect collective judicial authority.
Often used in summary rulings or emergency constitutional matters.
Indian Legal System
Indian Supreme Court occasionally uses per curiam to issue collective directions, especially in Public Interest Litigations (PILs) or matters affecting national importance.
Example: Flood management, environmental directions, COVID-19 lockdown guidelines.
Advantages of Per Curiam Decisions
Efficiency – Quick disposal of cases.
Authority – Speaks as the court, not just one judge.
Neutrality – Avoids attributing the reasoning to a single judge.
Conclusion
A per curiam decision is a collective judgment by the court that represents the authority of the bench as a whole. It is binding and reflects the court’s unified view, often used in straightforward, urgent, or high-profile matters.
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