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
- Which criteria are used in legislations for treating juveniles differently from young adults?
(a) Physical development
(b) Economic development
(c) Intellectual development
(d) Socio emotional development
Select the most suitable option : - Read Assertion (A) and Reason(R) and answer using the codes given below :
Assertion (A) : The writ of Habeas Corpus can be granted to enable the detainee to argue his case in person.
Reason (R) : Because R Vs. Secretary of State for Home Department ex parte Wynne (1992) decided so.
Codes : - Which of the following are matched incorrectly ?
i. Habeas Corpus – ‘To produce the body’
ii. Quo warranto – ‘Issued to a lower court to stop proceedings in a case’.
iii. Prohibition – ‘Issued to a lower court quashing a decision or order’
iv. Mandamus – ‘Commands a person to perform a public duty’. - Read Assertion (A) and Reason (R) to answer using codes given below :
Assertion (A) : One of the two Acts enacted under List I Entry 66 and the other under List III Entry 25 can be repugnant to each other.
Reason (R) : Because in Annamalai University Vs. Secretary of Inf. and Tourism Department decided so.
Codes : - Read Assertion (A) and Reason (R) and answer using the codes given below :
Assertion (A) : The power under 368 of the Constitution is a constituent power subject to the constitutional scheme as to distribution of legislative power according to entries in the Seventh Schedule.
Reason (R) : Because Sasanka Sekhar Maity Vs. Union of India decided so.
Codes :
