Article 141 of the Indian Constitution declares that the law laid down by the Supreme Court is binding on ____.
- AOption (a)
State governments
- BOption (b)
All courts within the territory of India
- COption (c)
Only High Courts
- DOption (d)
All tribunals except civil courts
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Correct answer
All courts within the territory of India
Why this answer is correct
The correct answer is All courts within the territory of India.
Key Points
- Article 141 of the Indian Constitution explicitly mandates that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
- The term law declared signifies the ratio decidendi, which refers to the legal principles or the core reasoning upon which a judicial decision is based, rather than the final order itself.
- This provision is fundamental to the doctrine of precedents (stare decisis) in India, ensuring uniformity, certainty, and predictability in the judicial administration across various states and union territories.
- The binding nature of these judgments extends to all High Courts, District Courts, and Subordinate Courts, which are legally obligated to follow the interpretations of the Apex Court.
- While the Supreme Court binds all other courts, it is not bound by its own previous decisions, as established in the landmark **Bengal Immunity Co.
v. State of Bihar** case, allowing it to overrule past judgments for the sake of justice.
Additional Information
- Nature of Supreme Court Judgments:
- Ratio Decidendi: The binding part of the judgment that creates a legal precedent for lower courts to follow in similar cases.
- Obiter Dicta: These are remarks or opinions expressed by judges 'by the way' that do not form the basis of the decision. While not legally binding under Article 141, they carry strong persuasive value.
- Prospective Overruling: The Supreme Court has the unique power to declare that a particular judgment will only apply to future cases and not affect past transactions.
- Related Constitutional Articles:
- Article 129: Designates the Supreme Court as a Court of Record, meaning its proceedings are recorded for perpetual memory and it has the power to punish for its contempt.
- Article 142: Grants the Supreme Court inherent power to pass any decree or order necessary for doing complete justice in any cause or matter.
- Article 144: Directs all authorities, including civil and judicial authorities, to act in aid of the Supreme Court.