Article 141

BASIC NOMINAL OVERVIEW OF ARTICLE 141 OF INDIAN CONSTITUTION

1. Article 141 the constitution of india By : Name :- Vairagar Shreeansh Madhavrao Class :- llb.2yr Roll no :- 19 8 College name :- Shri Shivaji Law college,Parbhani

2. particular Introduction Meaning History Need of Article 141 Objective of Article 141 Article 141 of constitution of India

3. Introduction of article 141 The law declared by the Supreme Court shall be binding on all courts within the territory of India Precedent signifies a judgement or decision of a superior court of law cited as an authority for deciding a similar set of facts. A precedent which creates and applies a new rule is called an original precedent and when the precedent does not create a new rule that merely apply on existing rule of law then it is termed as Declaratory precedent. In India the Supreme Court is the highest court in hierarchy and decisions of the Supreme Court are binding on all courts of India.

4. M eaning of A rticle 141 Article 141 of the Constitution of India stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India. Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order . 

5. N eed of a rticle 141 To record and analyses other case structure. To provide fast and accurate suggestion. To control on other courts

6. O bjective of article 141 To be binding decision given by supreme court To Make uniformality in decision making process

7. Article 141 A rticle 141 of the Constitution of India stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India. Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order. 

8. Rules for article 141 1. Obiter-Dictum 2. Ratio Decidendi 3. Stare decisis 4. Per incuriam 5. Prospective Overruling 6. Legislative Provisions

9. 1.Obiter-Dictum - The phrase Obiter dictum' has been derived from Latin words obiter' - Obiter means in passing' and Dictum denotes  something that is said’. 2.Ratio Decidendi - Ratio Decidendi' is a Latin phrase meaning "the reason" or "the rationale for the decision". - Ratio-Decidendi' is the determining point which becomes the base for a judgement 3. Stare decisis - Stare Decisis is a Latin term which signifies To stand by decided cases or to uphold precedents or to maintain former adjudication 4. Per incuriam: - Per incuriam is a Latin terms which means "through lack of care". - A court decision made per incuriam is one which ignores a contradictory statute or binding authority, and is therefore wrongly decided and of no force. 

10. 5.Prospective Overruling: - To avoid superfluous litigations in larger public interest, the Apex Court may avoid reopening of issues which are already settled and entertaining the same would increase unnecessary multiplicity of proceedings 6. Legislative Provisions: - The parliament is the supreme legislative authority, thus, it can destroy the effects of precedents, established by the Supreme Court, by passing a statutory law. Legislation can abrogate the precedent impliedly or expressly.  

11. Case study related to article 141 Union of India v. Raghubir Singh (AIR 1989 SC 1933) Lalu Jela and Ors . v State Of Gujarat (AIR 1962 Guj 250) Sajjan Singh Vs. State of Rajasthan [AIR 1965, SC 845], 

12. Source From books available Internet