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SCOPE OF BINDING NATURE OF LAW DECLARED BY SUPREME COURT UNDER ARTICLE 141 OF THE CONSTITUTION

Article 141 of the Constitution provides that law declared by the Supreme Court shall be binding on all courts within the territory of India. The expression law declared has a wider connotation than law found or made. It implies a law creating role of the Supreme Court.

RATIO DECIDENDI AND OBITER DICTA

Every judgment has two aspects ratio decidendi and obiter dicta. The ratio decidendi of a judgment are principles of law on the basis of which case has been determined. Other observations are called obiter dicta. Ratio decidendi of a judgment of the Supreme Court is binding on other courts while obiter dicta of a judgment is not binging on other courts.

The Supreme Court in Director of Settlements, A. P. Vs. M. R. Appa Rao (2002) 4 SCC 638   held that facts of two cases may be different. What is binding is the ratio of the decision and not finding on facts.

PER INCURIAM  AND SUB SILENTIO DECISION

The decisions of the Supreme Court which have been decided per incuriam is not binding. Per incuriam decisions are such decisions which have been passed inn ignorance of provisions of the Constitution, or statute or a rule.

The decision sub silentio is also not binding. Sub silentio decisions are such decisions which are passed without considering the relevant law or statute.

ARTICE 141 NOT APPLICABLE ON THE SUPREME COURT

The law declared by the Supreme Court is binding on all courts within the territory of India but it is not binding on the Supreme Court itself. The Supreme Court has held that it has power to overrule its judgment subject to the caveat that the decision can only be overruled by a larger bench. A coordinate bench or small bench will be bound by earlier decision of the Court.

The Supreme Court in Sajjan Singh Vs. State of Rajasthan (1965) 1 SCR 933  held that Constitution does not restrict the Supreme Court to review its decision or to depart from them. The doctrine of stare decisis may not apply in this context.

THE DOCTRINE OF PROSPECTIVE OVERRULING

The doctrine of prospective overruling suggest that the declaration of the Supreme Court will be applicable to transactions in future. There are circumstances wherein if decisions of the Supreme Court is applied retrospectively, it will lead to opening of settled transactions. In such scenario the Supreme Court resorts to prospective overruling.

The Supreme Court in I. C. Golaknath Vs State of Punjab (1967 ) 2 SCR 762 made the application of its judgment prospective.

WETHER ADVISORY OPINON OF THE SUPREME COURT BINDING

The Supreme Court gives opinion on a reference by the President of India under Article 143 of the Constititon. The Supreme Court in Re Cauvery Water Disputes Tribunal has observed that an advisory opinion given by the Supreme Court would be entitled to due weight and respect and would normally be followed.

POWER OF LEGISLATURE TO ALTER LAW DECLARED BY THE SUPREME COURT

The efficacy of the law declared by the Supreme Court remains in force as long as law interpreted by the Supreme Court remains in force. If by an amendment law is changed, it will not offend Article 141.

The Supreme Court in Janapada Sabha, Chhindwara Vs. Central Provinces Sydicate Ltd. (1970)1 SCC 509 held that Legislature can amend the law within certain limits  but it will not be open to the Legislature to say that judgment of a Court is ineffective and the interpretation of law will be otherwise than as declared by Court.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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