Is Supreme Court Article 141 binding?
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.
What is Article 141 of the Indian Constitution?
Article 141 Constitution of India: Law declared by Supreme Court to be binding on all courts. The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Why did the Supreme Court have to use its special power Article 142 here?
The Supreme Court had used Article 142 in 1989 to provide relief to the thousands of people affected by the Bhopal gas tragedy. The court had also used Article 142 in its December 2016 judgment banning the sale of alcohol within a distance of 500 metres on national and state highways across the country.
Is the Supreme Court bound by its own judgment?
The Supreme Court of India is not bound by its own decisions. The rules settled by the Supreme Court in a particular subject matter remain in force unless they have not been overruled by the Supreme Court.
In which case it was decided that the word all the codes used in Article 141 does not include the Supreme Court?
v State Of Gujarat (AIR 1962 Guj 250) the Supreme Court held that “it is difficult to restrict the scope of Article 141 of the Constitution of India and to hold that Article 141 of the Constitution applies only when the Supreme Court makes a declaration of law which High Court Judges feel was necessary for the …
What is Article 326?
Article 326 of the Constitution provides that the elections to the. House of the People and to the Legislative Assembly of every State. shall be on the basis of adult suffrage, that is to say, a person. should not be less than 21 years of age.
Can PIL be filed in High Court?
According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India. Steps to be taken for filing a Writ Petition / PIL: Approach a public interest lawyer or organization to file the case.
What is the article of 142?
Article 142 of Constitution of India deals with Enforcement of decrees and orders of the Supreme Court. It states that the Apex Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing “complete justice” in any case pending before it.
Can High Court overrule Supreme Court?
The High Court cannot overrule the decision of the Apex Court on the ground that the Supreme Court laid down the legal position without considering any other point. When the Supreme Court decides a principle it would be the duty of the High Court or a subordinate court to follow the decision of the Supreme Court.