In a judgment clarifying the limits of the doctrine of merger, the Supreme Court of India recently observed that the doctrine of merger is not a doctrine of rigid and universal application.

About Doctrine of Merger
The Doctrine of Merger is a fundamental common law principle in jurisprudence, primarily concerning the relationship between decisions of a subordinate court/authority and a superior court/authority in the process of appeal or revision.
In simple terms, it means that when a higher court or tribunal passes an order in a case that was appealed from a lower court, the original order of the lower court merges into the final order of the superior court.
I. Core Principle

• Judicial Hierarchy: The doctrine is rooted in the idea of maintaining the decorum and hierarchy of the judicial system.
• One Operative Order: Its core rationale is that there cannot be more than one operative decree or order governing the same subject matter at any given point in time.
• Effect: After the merger, the original decision of the subordinate forum ceases to have an independent legal existence, and it is the order of the superior forum alone that subsists, is final, and is capable of being enforced.
• This rule applies whether the superior court affirms (confirms), modifies, or reverses the decision of the lower court.

II. Applicability in Indian Law
The Doctrine of Merger is not a doctrine of constitutional law or a statute, but a rule of judicial propriety and discipline recognized by the Supreme Court of India in numerous landmark judgments, most notably Kunhayammed v. State of Kerala (2000).
Conditions for Application:

• There must be a decision of a subordinate court/authority.
• A right of appeal or revision against that decision must exist and be duly exercised.
• The superior forum must hear the matter and pass an order that modifies, reverses, or affirms the subordinate decision.

III. Exceptions (Where the Doctrine Does Not Apply)

• The Supreme Court has clarified that the doctrine is not of rigid and universal application; its applicability depends on the nature of the jurisdiction exercised and the content of the challenge.
• Dismissal of Special Leave Petitions (SLPs) in Limine: If the Supreme Court dismisses an SLP (Special Leave Petition under Article 136) without granting leave to appeal and without giving any reasons or passing a 'speaking order' on the merits, the doctrine of merger does not apply. The order of the High Court remains the final, enforceable order.
• Order Procured by Fraud: An order obtained by a lower court through fraud or misrepresentation is a nullity. Since a fraudulent order never had legal standing, the act of a superior court affirming it does not result in a true merger. Fraud is said to "unravel everything."
• Limited Scope of Challenge: If the superior court exercises a narrow or limited jurisdiction (e.g., merely refusing to interfere on a discretionary ground) without addressing the merits of the entire controversy, the merger may be partial or not occur at all.
• Administrative/Executive Review: When a superior administrative authority reviews a subordinate administrative order, the merger is sometimes not automatic, as the jurisdiction exercised is administrative, not purely appellate/judicial.

IV. Application in Other Legal Fields
The concept of "merger" also appears in other areas of law:

• Property Law: The contract for the sale of land often merges into the final deed of conveyance. Once the deed is delivered and accepted, any promises or covenants in the contract that are not included in the deed are generally extinguished.
• Contract Law (Merger Clause): A clause in a contract (often called an integration clause) which states that the final written agreement contains the entire and final agreement between the parties. It signifies that all prior or contemporaneous oral agreements merge into the written document and are no longer independently enforceable.
• Criminal Law: Merger of Offenses refers to the absorption of a lesser included offense (e.g., attempt to commit a crime) into the greater offense if the defendant is convicted of the greater crime.

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