Part V: The Union

The Union Judiciary

Article 141: Law declared by Supreme Court to be binding on all courts

--- Original Article ---

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Explanations

Article 141 of the Constitution of India establishes the authority of the Supreme Court as the highest judicial body in the country. It mandates that the law declared by the Supreme Court is binding on all courts within India's territory, thus creating a uniform legal system. This article plays a pivotal role in ensuring consistency and stability in the interpretation of laws across the judiciary, and in safeguarding the hierarchy of courts.

Fundamental Aspects

1. Binding Nature of Supreme Court Decisions

Article 141 mandates that any law declared by the Supreme Court becomes binding on all courts in India. This means that once the Supreme Court has made a legal determination, no lower court can question or ignore it, ensuring uniformity in legal interpretations.

2. Application Across the Indian Judiciary

This article applies to all courts in the country, including High Courts and subordinate courts. It creates a cohesive judicial system where all courts are bound to follow the legal precedents set by the Supreme Court.

Amendments and Interpretation

While Article 141 itself has not been amended, its interpretation has evolved over time through various judgments. The scope of what constitutes "law declared" has been expanded and clarified by the judiciary. Notably, in Ashok Sadarangani vs. Union of India (2012), the Supreme Court emphasized that only the ratio decidendi (the legal principle behind a judgment) is binding, while the obiter dicta (observations made in passing) are not.

Real-Life Examples

• In the Vishaka vs. State of Rajasthan (1997) case, the Supreme Court laid down guidelines for the prevention of sexual harassment at the workplace. These guidelines were binding under Article 141 and were followed by all courts across India, eventually leading to the Sexual Harassment of Women at Workplace Act, 2013.
• In the K.S. Puttaswamy vs. Union of India (2017) case, the Supreme Court declared the right to privacy as a fundamental right. This ruling became binding on all courts in India and influenced subsequent rulings related to data privacy, Aadhaar, and personal liberty.

Historical Significance

The historical significance of Article 141 lies in the consolidation of the judicial system post-independence. This article empowered the Supreme Court to provide authoritative legal interpretations that were consistent throughout the country, ensuring that regional disparities in law interpretation were minimized. It forms the backbone of the doctrine of judicial precedent in India, ensuring that legal certainty and the rule of law prevail.

References

• Ashok Sadarangani vs. Union of India (2012)
• Vishaka vs. State of Rajasthan (1997)
• Constitution of India, 1950
• CIT vs. Sun Engineering Works (1992)
• K.S. Puttaswamy vs. Union of India (2017)

Legislative History

Article 141 of the Indian Constitution, initially drafted and deliberated as article 117 of the Draft Constitution, was subsequently incorporated into the Indian Constitution on May 27, 1949.

Debates and Amendments

In the discussion, Shri H. V. Kamath proposed an amendment to substitute the words "all courts" with "all other courts" to clarify that the Supreme Court's decisions would bind all subordinate courts but not the Supreme Court itself. Kamath argued that this distinction was necessary to allow the Supreme Court the flexibility to rectify its own errors and adapt its interpretations over time. Dr. B. R. Ambedkar responded by agreeing with the intent behind Kamath's proposal but stated that the existing language of "all courts" already implied "all other courts" and thus, the proposed change was unnecessary. Subsequently, it was rejected by the Constituent Assembly. Thus, the Article as originally drafted was passed and added to the Constitution.