What is the Doctrine of Merger?

About Doctrine of Merger

• It is a common law doctrine that is rooted in the idea of maintenance of the decorum of the hierarchy of courts and tribunals. 
• It provides that when an appellate court passes an order, the order passed by the lower court is merged with that order.
• The underlying logic is that there cannot be more than one decree or operative order governing the same subject matter at a given point of time.
• The doctrine solves the issue of which order must be enforced and given importance if there are multiple orders passed by both subordinate and superior courts on a single issue. 
• It clarifies and provides that in this situation, the order passed by the superior court or the successive order would prevail and that the order of the lower court would be merged with the order passed by the superior court.
• The doctrine is not recognized statutorily but is a statement of judicial propriety and seeks to instill discipline in the functioning of subordinate adjudicating authorities, whether judicial, quasi-judicial, or administrative.
• It is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of the challenge.

Doctrine of Merger FAQs

Q1. What is the meaning of the doctrine of merger?

Ans. The doctrine of merger states that once a higher court decides on an appeal, the lower court’s judgment is no longer considered valid independently, as it merges with the appellate court’s ruling.

Q2. How is doctrine defined??

Ans. A doctrine is a principle, rule, or set of beliefs that is systematically followed or accepted by a group, organization, or system. 

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Source: LL