sub silentio

Latin · sub si-LEN-shee-oh · Jurisprudence and interpretation

Meaning. In silence: a point of law not argued or considered by the court, so the decision is not a precedent on it.

A decision passes sub silentio on a point when the point was involved in the case but was neither argued nor considered by the court. Such a decision is not an authority on that point, because there was no conscious declaration of law on it.

In Municipal Corporation of Delhi v. Gurnam Kaur, the Supreme Court held that an earlier direction given without argument or reasons on the point was not binding under Article 141. The rule is close to per incuriam (decided in ignorance of a binding statute or precedent), but sub silentio concerns a point the court did not address at all.

Example

The earlier order granting relief without examining the statutory bar was passed sub silentio and did not bind the later bench.

In Indian law

Municipal Corporation of Delhi v. Gurnam Kaur, 1988 INSC 267: a decision without argument or reasons on a point is not a precedent on it

sub silentio

Example

In Indian law

See also

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