Article 141 of the Costitution of India with Case law
🔹 Article 141 of the Constitution of India: Binding Nature of Supreme Court Law
📜 Text of Article 141:
“The law declared by the Supreme Court shall be binding on all courts within the territory of India.”
🔍 Explanation:
Article 141 gives legal authority to the decisions of the Supreme Court.
It means that all High Courts and subordinate courts across the country are bound to follow the law laid down by the Supreme Court.
This ensures uniformity of law and judicial discipline throughout India.
It is a constitutional recognition of the doctrine of precedent (i.e., binding nature of previous rulings).
⚖️ Key Case Laws under Article 141:
1. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
The Supreme Court’s ruling that the Basic Structure of the Constitution cannot be amended became a binding precedent under Article 141.
All courts must follow this principle.
2. S.C. Advocate-on-Record Association v. Union of India (1993) 4 SCC 441
Laid down the "Second Judges Case" decision, interpreting how judges of the higher judiciary are appointed.
This judgment became binding law under Article 141.
3. Union of India v. Raghubir Singh (1989) 2 SCC 754
The Supreme Court observed that the uniformity of law is ensured through Article 141 and emphasized the importance of respecting precedent.
4. State of Punjab v. Bhag Singh (2004) 1 SCC 547
Reiterated that only the ratio decidendi (the principle of law) laid down by the Supreme Court is binding under Article 141, not obiter dicta (remarks or observations).
5. Dhananjay Sharma v. State of Haryana (1995) 3 SCC 757
The Supreme Court held that wilful disobedience of its binding directions under Article 141 can lead to contempt of court proceedings.
⚠️ Important Clarifications:
Binding effect applies only to the law declared, not factual findings or observations.
Supreme Court itself is not bound by its previous decisions but usually respects them unless there’s a reason to overrule.
📌 Key Takeaways:
| Aspect | Details |
|---|---|
| What is binding? | Only the "law declared" (ratio decidendi), not mere observations |
| On whom is it binding? | All High Courts and subordinate courts in India |
| Is SC bound by its own rulings? | No, but it generally follows precedent for stability and certainty |
| Purpose of Article 141 | To ensure uniform and consistent application of law across the country |
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