Indian Constitution Article 141 enacts the rule of binding precedent: 'the law declared by the SUPREME COURT shall be binding on all courts within the territory of India'. This means:
Answer & Solution
Correct answer: D.
1. Article 141 Constitution: 'The law declared by the Supreme Court shall be binding on all courts within the territory of India.'
2. The provision codifies the doctrine of STARE DECISIS for India.
3. EFFECT:
4. (i) Supreme Court decisions BIND all subordinate courts and High Courts;
5. (ii) Within SUPREME COURT: a 7-Judge bench overrules a 5-Judge bench (et seq); coordinate benches generally follow earlier decisions for consistency, but not absolutely bound;
6. (iii) A decision is binding for its RATIO DECIDENDI, not OBITER DICTA.
7. EXCEPTIONS:
8. (i) Subsequent decisions of LARGER benches can override smaller ones;
9. (ii) Court can DISTINGUISH on facts;
10. (iii) Per incuriam (decision rendered in ignorance of binding precedent or statute) — not binding;
11. (iv) Sub silentio (point not argued or considered) — limited authority.
12. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Constitution of India, Article 141_
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