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Which Article of the Constitution of India provides that the law declared by the Supreme Court of India shall be binding on all courts within the territory of India?
A
Article 141
B
Article 139-A
C
Article 140
D
Article 142
Correct Answer:
Article 141
A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
A
Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court
B
The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court
C
The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court
D
Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision
E
The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution
Article 141 of the Constitution of India provides law declared by the Supreme Court to be binding on all courts within the territory of India 'All courts', here implies all:
A
Courts including Supreme Courts
B
Courts and Tribunals
C
Judicial Courts
D
Courts excluding Supreme Court
Article 141 of the constitution lays down that the law declared by Supreme Court shall be binding on all courts within the territory of India. Therefore, the Supreme Court:
A
Is bound by its earlier decisions as the expression "all court" includes Supreme Court also
B
Is not bound by its own decisions and may reverse a previous decision
C
Can reverse a previous decisions only when a new legislation is enacted having the effect of abrogating decision
D
Can reverse a previous decision only when that previous decision was given as a result of overlooking another previous decision
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
A
1 and 2
B
2 and 3
C
1 and 4
D
1, 2, 3 and 4
The law declared by the Supreme Court is binding on all courts within the territory of India but the Supreme Court is not bound by its own decisions was held by the Supreme Court itself in-
A
Bengal Immunity Co. Ltd. v. State of Bihar
B
Keshavanand Bharti v. State of Kerala
C
Indira Nehru Gandhi v. Raj Narian
D
Madhav Rao Scindia v. Union of India
Consider the following:
1. Supreme Court's power to issue writs is narrower than that of High Courts
2. A citizen is free to approach High Court or Supreme Court as he chooses, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India
A
1 alone
B
1 and 2
C
1, 2 and 3
D
2 and 3
According to which Article of the Constitution of India, the law declared by the Supreme Court shall be binding on all Courts within the territory of India?
A
Article 123
B
Article 136
C
Article 137
D
Article 141
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
A
L. Chandra Kumar v. Union of India
B
Kihota Hallahan v. Zachilhu
C
Nagaraj v. State of Andhra Pradesh
D
Rajendra Singh Rana v. Swami Prasad Maurya
By operation of which Article of the Indian-Constitution the Law declared by the Supreme Court shall be binding on all Courts within the territory of India?
A
Article 140
B
Article 141
C
Article 142
D
Article 143
Which Article of the Constitution says that the law declared by the Supreme Court shall be binding on all courts within the territory of India?
A
Article 141
B
Article 139A
C
Article 140
D
Article 142