Understanding Per Incuriam Judgments.
What is Per Incuriam:
“Per incuriam” is a Latin term meaning “through lack of care.” A court’s decision is deemed per incuriam when it is rendered in ignorance of a relevant statute or a binding authority. Essentially, if a court delivers a judgment without knowledge of a pertinent provision of law or constitution that would have influenced the outcome of the decision, that judgment is considered per incuriam.
Per Incuriam vs. Sub Silentio:
The doctrines of per incuriam and sub silentio are closely related but differ in subtle ways. While a per incuriam decision arises from a lack of knowledge or ignorance of a relevant legal provision, a sub silentio decision is rendered without giving consideration to a relevant provision of law or statute. In both cases, the relevant provisions of law are overlooked which do significantly impact the judgment.
Doctrine of Per Incuriam in Pakistan:
The superior courts in Pakistan have applied and elaborated on the doctrine of per incuriam in numerous cases. Notable examples include:
Jameel Qadir vs. Government of Balochistan (2023 SCMR 1919)
Ch Parvez Elahi vs. Deputy Speaker Punjab Assembly (PLD 2023 SC 539)
These cases illustrate the application of the doctrine in ensuring that judgments align with statutory laws and the constitution.
Binding Effect of Per Incuriam Decisions:
The doctrine of per incuriam serves as an exception to the principle of binding precedent. Generally, decisions of superior courts are binding on lower courts as per the Constitution of Pakistan. However, per incuriam decisions do not carry the same binding authority since they overlook relevant statutory provisions or binding precedents. Thus, a lower court is not compelled to follow a per incuriam decision.
Test for Identifying Per Incuriam Decisions:
A lower court cannot dismiss a superior court’s ruling as per incuriam merely based on disagreement. The following criteria must be met to classify a decision as per incuriam:
1. Ignorance of Law:
The decision was rendered without awareness of a relevant legal provision or precedent.
2. Impact on the Decision:
The overlooked provision would have significantly affected the outcome if it had been considered.
Practical Implications and Examples
Legal Profession:
For lawyers, understanding the doctrine of per incuriam is crucial. It can be a powerful tool in legal arguments, allowing attorneys to challenge decisions that may not have considered all relevant statutory provisions.
Judiciary:
For judges, awareness of this doctrine promotes meticulousness in decision-making. It underscores the importance of comprehensive legal research and consideration of all relevant statutes and precedents.
Academia:
For legal scholars, the doctrine of per incuriam offers a rich area for research and analysis. It provides insights into judicial processes and the importance of accuracy and thoroughness in legal judgments.
Conclusion:
The doctrine of per incuriam plays a crucial role in maintaining the integrity of judicial decisions by ensuring they are informed by all relevant legal provisions. While it provides an important check against judicial oversight, it must be applied judiciously to distinguish between genuine oversights and mere interpretative differences.