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"In our view, judicial discipline and propriety demands that a bench of two judges should follow a decision of a bench of three judges," a five-judge constitution bench headed by Chief Justice S P Bharucha said recently.
"But if a bench of two judges concludes that an earlier judgement of three judges is so very incorrect that in no circumstances can it be followed, the proper course for it to adopt is to refer the matter before it to a bench of three judges setting out the reasons why it could not agree with the earlier judgement," the five-judge bench said.
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