Supreme Court's Power Over Its Own Decisions
The principle that the law declared by the Supreme Court is binding on all courts within India, but the Supreme Court itself is not bound by its previous decisions, was established in a significant ruling.
The Supreme Court, exercising its power under Article 142 of the Constitution and the inherent power to do justice, can depart from its prior judgments. This allows the court to correct potential errors or adapt to evolving societal needs.
This principle was explicitly decided by the Supreme Court in the case of:
- Bengal Immunity Co. Ltd. vs State of Bihar
In this landmark case, the Supreme Court clarified its own position regarding precedent (stare decisis), affirming its ability to review and overrule its previous decisions when deemed necessary for the interests of justice and public good, while maintaining the binding authority of its declarations on all other Indian courts.
Important Questions from Constitution Law
- In which of the following cases, the Supreme Court held that 'the preamble is the part of the constitution' ?
- Clause(5) of article-15 has been added to the constitution by :
- Rights of a citizen under Article-19 are automatically suspended during the period of emergency, if emergency under Article-352 is declared on the grounds of :
- In which of the following cases the supreme court has held that the word 'law' in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law ?
- Which cannot be done directly, cannot be done indirectly.' – This statement epitomises the doctrine of :
