Binding Nature Of Supreme Court Decisions

1. The declaration:

It is clearly the responsibility of the Judicial Department to clarify what the law is. This includes understanding the following principles: the Supreme Court is the ultimate interpreter of the law and its declaration; the doctrine of separation of powers assigns the constitutional courts the authority to interpret the law and declare all state actions; and no authority other than the Superior Courts can arrogate to themselves the power to interpret the law and the constitution in an exclusive and authoritative manner and to set the framework for its execution.

According to Article 13 of the Constitution, the Court's declaratory power originates from its jurisdiction to decide which laws are unconstitutional and to declare them invalid. The Court is the last and ultimate gathering of legislators.

According to Article 141 of the Constitution, all courts located within the borders of India must abide by the law declared by the Supreme Court. Everyone is subject The decision that is being contested does not automatically become enforceable by a special leave petition (SLP). When an SLP is dismissed by the Court and reasons are provided, Article 141 applies. Just reading Article 141 gives you an idea of how broad and inclusive it is. The parties to the common judgment should intervene during the Supreme Court proceedings and cannot subsequently claim ignorance of such a fact in cases where the High Court disposes of several petitions via a common judgment, only one appeal is filed, and the supreme court decides it.to the general guidelines established by the Supreme Court, even those who are not parties to an order.

In addition to being a constitutional court, the Supreme Court is also the highest court in our legal system. Article 141 makes its ruling the supreme law of the land. Its primary responsibilities include promoting rule of law governance and interpreting constitutional provisions. Therefore, in accordance with the law, its role is to actually interpret the law and make decisions in cases that come before it.[1]

2. Stare Decisis:

The principle of stare decisis in English law is incorporated into Article 141. According to the doctrine, rulings from higher courts must be followed by lower courts. The foundation of this doctrine is the idea that laws that regulate society as a whole ought to be clear, defined, and fixed. To prevent ambiguity and confusion, the courts should always strictly adhere to the doctrine.[2]

3. Ratio decidendi and obiter dicta:

A decision is enforceable based on its ratio and the guiding principles it establishes, not on its conclusion. The underlying principle, general justifications, or general grounds upon which the decision is founded, as opposed to the unique circumstances of a case that give rise to its decision, is known as the ratio decidendi.[3]

Obiter dicta are remarks made by the Court that do not constitute legally binding statements and are not included in the ratio. An obiter dictum is merely an observation or remark made by a court during the course of ruling on the matter at hand; these informal remarks are regarded as falling outside the purview of the judgment's authoritative or operational portion. Under Article 141, carefully considered obiter dicta of the Supreme Court are regarded as precedents and legally binding.[4]

4. Per incuriam:

Literally, incautia means irresponsibility. One such exception is referred to as an incurium judgment, which is a decision made without knowledge of a prior binding ruling made by the same court, another court with higher jurisdiction, the terms of a statute, or a rule having legal force.[5]

5. Prospective Overruling:

This is a widely acknowledged idea in decision-making today. The Supreme Court invented the prospective declaration of laws as a means of avoiding the reopening of settled cases and avoiding multiple proceedings. This is being done primarily in the interest of the general public to prevent needless litigation.[6]

6. Prospective Overruling:

This is a widely acknowledged idea in decision-making today. The Supreme Court invented the prospective declaration of laws as a means of avoiding the reopening of settled cases and avoiding multiple proceedings. This is being done primarily in the interest of the general public to prevent needless litigation.[7]

7. Supreme Court not bound by its own decisions:

The Supreme Court's decision-making authority is not expressly stated in the Constitution. This is required for the proper development of justice principles and the law. There is no constitutional embargo that stops the Supreme Court from changing its mind about a previous ruling.[8]

8. Advisory opinion given under Article 143 is binding:

Article 143 addresses the President's authority to confer with the Supreme Court. In light of Article 141, the Apex court's judgment will be enforceable by all other courts.[9]

9. Decision by a foreign court:

An application to reexamine a previous Supreme Court ruling will not be automatically justified by the English courts' decisions, even if they are merely persuasive.[10]

10. Conclusion:

Since the Supreme Court of India is the highest court in the legal system, its rulings must be regarded as final. Only the binding nature of these rulings can provide this finality, signifying the conclusion of the legal process. Therefore, a crucial component of the nation's justice delivery system is the Supreme Court's decisions' binding nature.

11. Citation:

1. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

2. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

3. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

4. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

5. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

6. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

7. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

8. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

9. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)

10. S.aatif23, Binding nature of supreme court decision, available at: https://www.legalserviceindia.com/legal/article-2031-binding-nature-of-supreme-court-decisions.html (last visited on December 1 2023)