Study Guides/Civics/Article 141 of the Indian Constitution
Study Guide · Civics

Article 141: Law Declared by Supreme Court to be Binding

The Supreme Court of India is the apex court and the final interpreter of the Constitution. To maintain uniformity in law across the entire country, Article 141 establishes a strict hierarchy of judicial precedent.

Question (Click to Flip)

Does Article 141 apply to the Supreme Court itself?

Answer

No, Article 141 explicitly says it is binding on 'all courts within the territory of India', which excludes the Supreme Court itself. The SC can correct its own past errors.

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Key Facts

The Supreme Court itself is not bound by its own previous decisions. It can overturn its own past judgments if a larger bench decides it is necessary.

Only the legal principle (Ratio Decidendi) of the judgment is binding, not the casual remarks or general observations (Obiter Dicta) made by the judges.

This ensures that citizens receive equal justice regardless of which state court they are tried in.

1. Text of Article 141

Article 141 simply states: "The law declared by the Supreme Court shall be binding on all courts within the territory of India."

2. What does 'Law Declared' mean?

It means that the principles, interpretations, and rulings given by the Supreme Court in its judgments become the 'law of the land'. Every High Court, District Court, and lower court in India must follow these rulings when deciding similar cases. This principle is legally known as Stare Decisis (to stand by things decided).

Questions and Answers

Does Article 141 apply to the Supreme Court itself?+

No, Article 141 explicitly says it is binding on 'all courts within the territory of India', which excludes the Supreme Court itself. The SC can correct its own past errors.

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