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 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 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

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

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

Which of the following reasons led to the setting aside of the practice of 'talaqe- biddat', triple talaq in Shayara Bano v. Union of India, (2017) 9 SCC 1?
(1) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 14 of the Constitution of India on the ground of arbitrariness.
(2) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 15 of the Constitution of India, being discriminatory.
(3) Muslim Personal Law (Shariat) Application Act, 1937 is not a law regulating triple talaq but the practice of triple talaq was against the basic tenets of the Holy Quran and no practice against the tenets of Quran was permissible.
(4) 'Talaq-e-biddat' is integral to the religious denomination but the Supreme Court may injunct this practice as a means for severing matrimonial relationship.

A

(1) and (2) only

B

(1), (2) and (3) only

C

(1) and (4) only

D

(1) and (3) only

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

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

Give correct response to:
1. Supreme Court has power to entertain appeal from any court or tribunal within India
2. Supreme Court has power to deliver advisory opinion of any question of fact or law referred to it by the President
3. Salaries of the Judges of Supreme Court are subject to vote by the Parliament
4. Its jurisdiction is binding on all other courts within India

A

1 and 3

B

2, 3 and 4

C

2 and 4

D

1, 2 and 4

Consider the following statements:
1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.
2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.
3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.
Which of the statements given above are correct?

A

1, 2 and 3

B

1 and 2

C

2 and 3

D

1 and 3

Consider the following statements:
1. Supreme Court's power to issue writs is narrower than that of High Court
2. A citizen is free to approach High Court or Supreme Court's as he choose, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India
Which of the above statements(s) is/are correct?

A

1 alone

B

1 and 2

C

1, 2 and 3

D

2 and 3