SSC · Railway
Which Article provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India?
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Answer: Option A — Article 141
Detailed Solution
Article 141 states: "The law declared by the Supreme Court shall be binding on all courts within the territory of India." This means that decisions of the Supreme Court act as precedents that all lower courts, including the High Courts, must follow. This ensures uniformity and consistency in the interpretation and application of law throughout the country.
The principle behind Article 141 is the doctrine of "stare decisis", meaning "to stand by things decided". Only the legal principle on which a judgment is based, called the ratio decidendi, is binding. Other observations made by judges in passing, called obiter dicta, are not strictly binding, though they carry great persuasive weight.
The Supreme Court itself is not bound by its own earlier decisions. It can overrule its previous judgments, usually through a larger bench. For example, the decision in A.D.M. Jabalpur v. Shivkant Shukla (1976), which held that the right to life could be suspended during an Emergency, was overruled by the nine-judge bench in the K.S. Puttaswamy case (2017).
Related Articles about the Supreme Court:
- Article 124: establishment and constitution of the Supreme Court.
- Article 129: the Supreme Court is a court of record and can punish for contempt of itself.
- Article 131: original jurisdiction in disputes between the Centre and states, or between states.
- Article 137: power of the Supreme Court to review its own judgments.
- Article 142: power to pass any order necessary for doing "complete justice" in any case.
- Article 143: power of the President to consult the Supreme Court (advisory jurisdiction).
- Article 144: all civil and judicial authorities in India shall act in aid of the Supreme Court.
- The Supreme Court is the highest court of appeal in India and the guardian of the Constitution and of Fundamental Rights.
Why not the other options?
- ✗Article 137 gives the Supreme Court power to review its own judgments.
- ✗Article 142 allows the Supreme Court to do "complete justice".
- ✗Article 143 provides for the advisory jurisdiction of the Supreme Court.
Quick tip
Remember: Article 141 = Supreme Court's law binding on all courts; 129 = court of record; 131 = original jurisdiction; 137 = review; 142 = complete justice; 143 = advisory opinion.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.