Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Don't have an account? Register Here
<h1>Supreme Court clarifies binding ratio decidendi versus persuasive obiter dictum under Article 141</h1> The Supreme Court distinguished between ratio decidendi and obiter dictum in a legal precedent case. Article 141 establishes that Supreme Court declarations of law bind all Indian courts. The ratio decidendi represents the binding legal principle derived from reading a judgment holistically, considering the questions before the court. Only the underlying principle, not factual findings or particular words, creates binding precedent. Obiter dictum refers to judicial observations on legal questions suggested but not requiring decision for case resolution. While obiter statements lack binding precedential force, they carry considerable weight. Constitutional matters require the Court to avoid pronouncements on issues not directly raised. High Courts and subordinate courts must follow Supreme Court decisions, and judgments refusing compliance are nullities.