November 30, 2020


The Declaration that: it is insistently the region and obligation of the Judicial office to state what the law is[1] fathoms the accompanying rule; that the Supreme Court is the last mediator of the law and its declaration[2], that the regulation of partition of forces dole out the translation and revelation of law and all state activities to the protected courts and no position other than the Superior Courts can arrogate to themselves the ability to only and legitimately decipher, and set up for execution of law and the constitution.[3]

By ideals of Article 13 of the Constitution, the revelatory intensity of the Court emerges from its power to pronounce laws which are conflicting with the Constitution and to proclaim them void. The Court is the last and changeless get together of maker of law.[4]

Article 141 of the Constitution gives that the law pronounced by the Supreme Court will be official on all courts inside the region of India. The general standards set somewhere near the Supreme Court are appropriate to every individual including the individuals who are not involved with an order.[5]

A special leave petition(SLP) doesn’t without anyone else render the criticized choice a coupling point of reference. At the point when reasons are given by the Court for excusing a SLP, the choice draws in Article 141.[6] A simple perusing of Article 141 clues at its broad and comprehensive nature. In situations where various petitions are discarded by the High Court vide a typical judgment and just one intrigue is recorded and the summit court chooses it, the gatherings to the basic judgment ought to mediate during the procedures are going on in the Supreme Court and can’t later argue obliviousness of such a fact.[7]

The Supreme Court isn’t just an established court however is at the highest point of the order of our legal framework. By ideals of Article 141, its choice is the tradition that must be adhered to. Its fundamental job is to decipher sacred arrangements and to advance administration by rule of law.[8] Its job, in this way, is to truly decipher the law and choose cases preceding it, as per law.[9]

Stare Decisis: Article 141 fuses the English law teaching of gaze decisis.[10] The precept imagines that lower courts are limited by choices of higher courts.[11] This tenet depends on the rule that laws that administer the general public everywhere ought to be fixed, positive and known. The principle ought to consistently be carefully clung to by the courts so as to maintain a strategic distance from disarray and uncertainty.[12]

Ratio Decidendi and Obiter Dicta: A choice is restricting not in light of its decision yet by excellence of its proportion and the standards set down therein.[13] The Ratio decidendi is the basic rule, the general reasons or the general grounds whereupon the choice is based as unmistakable from the unique quirks of a case, which offers ascend to its decision.[14]

Obiter dicta are articulations which are not part of the proportion viz., perceptions by the Court which are not restricting proclamation of law.[15] The obiter dictum is a unimportant perception or comment made by a court while choosing the real issue before it and these easygoing comments are thought of or treated as past the ambit of the definitive or usable piece of the judgment.[16] Well considered obiter dicta of the Apex court are taken as points of reference and authoritative under Article 141.[17]

Per incuriam: Incuria actually implies imprudence. A choice rendered in numbness of a past restricting choice of its own or of a court of facilitate or higher purview or obliviousness of the details of a resolution or of a standard having the power of law locks point of reference esteem, is one such special case and is portrayed according to incurium judgement.[18]

Prospective Overruling: This is presently an all-around acknowledged thought in dynamic. Planned revelation of laws is a gadget developed by the Supreme Court to abstain from reviving of settled issues and forestalls variety of procedures. This is fundamentally to stay away from pointless suit and is done in bigger open interest.[19]

Supreme Court not bound by its own Decisions: The Constitution has not strongly instituted that Supreme Court will be limited by its own decisions.[20][20] This is vital for legitimate advancement of law and standards of equity. No established ban keeps Supreme Court from leaving from its past choice.

Advisory Opinion given under Article 143 is binding: Article 143 arrangements with the intensity of President to counsel the Supreme Court. Feeling communicated by the Apex court under this arrangement will be authoritative on all courts taking into account Article 141.[21]

Decision by a Foreign court: The choices of the English courts being only of powerful nature won’t ipso facto legitimize an application to rethink a previous choice of the Supreme Court.[22]


The Supreme Court of India is on the highest point of the pecking order of courts and subsequently it is basic for its choices to have an irrevocability joined to them. This conclusion can just originate from the coupling idea of these choices with the goal that an end can be set apart to the prosecution procedure. Subsequently, the coupling idea of the Supreme Court choices is a significant part of the equity conveyance framework in the nation.

[1] Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).

[2] Rajeswar Prasad Misra v. State of West Bengal, 1966 (1) S.C.R. 178.

[3] Cooper v. Aaron, 358 U.S. 1 (1958).

[4] P. Kannadasan v. State of Tamil Nadu, A.I.R. 1996 S.C. 2560.

[5] Ganga Sagar Corporation v. State of Uttar Pradesh, A.I.R. 1980 S.C. 286.

[6] Union of India v. All India Services Pensioners Association, A.I.R. 1988 S.C. 502.

[7] Shenoy and Co. (MIs) v. Commercial Tax Officer, Circle II, Bangalore, A.I.R. 1985 S.C. 621

[8] S.R. Bommai v. Union of India, A.I.R. 1994 S.C. 1918.

[9] Secretary, State of Karnataka v. Umadevi, (2006) 4 S.C.C. 1.

[10] Re-examining the basis of previous decisions, Smith v. Allwright, 321 U.S. 649 (1944).

[11] Sakshi v. Union of India, A.I.R. 2004 S.C. 3566.

[12] Payne v. Tennessee, 501 U.S. 808, 827 (1991).

[13] B.Shama Rao v. Union Territory of Pondicherry, A.I.R. 1967 S.C. 1480.

[14] Krishna Kumar v. Union of India, A.I.R. 1990 S.C. 1782.

[15] Prithi Pal Singh Bedi v. Union of India, A.I.R. 1982 S.C. 1413.

[16] Arunkumar Agarwal v. State of Madhya Pradesh, A.I.R. 2011 S.C. 3056.

[17] Mohd. Saud v. Shaik Mohfooz, A.I.R. 2009 Ors. 46.

[18] Central Board of Dawoodi Bohra Community v. State of Maharashtra, A.I.R, 2005 S.C. 752.

[19] Harsh Dhingra v. State of Haryana, (2001) 9 S.C.C. 550.

[20] Suganthi Suresh Kumar v. Jagadesan, A.I.R. 2002 S.C. 681.

[21] In re, The Special Courts Bill, A.I.R. 1979 S.C. 478.

[22] Manipur Adm. V. Bira Singh, A.I.R. 1965 S.C. 87

Author Details:

Paras Panjwani is a student at Institute of law Nirma University, Ahmedabad

The views of the author are personal only. (if any)

Source: Jus Weekly, May 20202, Issue 1

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