What happens when a larger bench of Supreme Court sits to re-examine judgements which may be held to be a good law for many many years?
These Judgements become "just opinions" when these judgements' correctness is being considered by a larger bench of Superior Court.
Superior Courts starts searching "What made those Judges write such opinion".
They go into background of Case.
Then they go into cultural and social values and times when those Judges formed those opinions.
Then they compare such opinions with opinions given in similar circumstances elsewhere also.
Logic underlying these opinions is also reexamined.
Then finally a final opinion is given looking to present cultural and present legal values and its implications to masses.
Thus a judgement which may be a very sound law for many years, suddenly becomes vulnerable to a new interpretation when it is being re-examined by a larger bench of Supreme Court, after lapse of a decade of time.
Haresh Raichura 21/7/17
