The Supreme Court has recently delivered a split verdict in the Chhattisgarh burial case.

• In this case, two judges of the SC disagreed on whether a Christian man should be allowed to bury his father on private land or at a designated burial ground. 
• Justice B V Nagarathna held that the petitioner should be allowed to conduct funeral rights on his private agricultural land while Justice S C Sharma ruled that the burial should take place at a designated Christian burial ground.. 
• However, unlike usual procedures, the case was not referred to a larger Bench for a final decision.

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What is a Split Verdict?

• A split verdict occurs when a Bench with an even number of judges cannot reach a unanimous or majority decision. 
• This usually happens with two-judge Benches (Division Benches), where both judges have differing opinions.
• Typically, when a split verdict occurs, the case is referred to a larger Bench with an odd number of judges (three, five, or more) to ensure a final ruling.

Past Instances of Split Verdicts and Their Outcomes

• Karnataka Hijab Ban Case (2022)

  • Justice Hemant Gupta upheld the hijab ban, stating that it applied equally to all students.
  • Justice Sudhanshu Dhulia struck down the ban, ruling that it violated students’ right to education and freedom of religion.
  • The case was referred to a larger Bench, but the SC has yet to begin hearings.

• 1993 Mumbai Blasts – Yakub Memon Death Sentence (2013)

• • Justice Anil R. Dave upheld the death sentence.
  • Justice Kurian Joseph ruled in favor of a stay to review procedural irregularities.
  • A three-judge Bench heard the case and confirmed the death sentence the next day.

• Pregnancy Termination Case (2023)

• • A woman sought abortion after 24 weeks of pregnancy.
  • Justices Nagarathna and Hima Kohli initially allowed the termination.
  • A medical report later indicated the foetus had a high chance of survival.
  • Justice Kohli reversed her decision, and the case was sent to a three-judge Bench, which did not permit termination.

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