The Indian Constitution establishes a hierarchical judicial system where the decisions of higher courts influence the rulings of lower courts. This principle ensures consistency and uniformity in the application of law across the country.
Specifically, Article 141 of the Constitution of India addresses the binding nature of the law declared by the Supreme Court. This Article states:
"The law declared by the Supreme Court shall be binding on all courts within the territory of India."
This means that any legal principle or interpretation established by the Supreme Court in its judgments must be followed by all other courts, including High Courts and subordinate courts, throughout India. This concept is fundamental to the doctrine of judicial precedent, often referred to as stare decisis.
While other articles mentioned also relate to the judiciary, they pertain to different aspects:
Therefore, the specific provision that makes the law declared by the Supreme Court binding on all courts is Article 141.
Which one of the following statements is not correct?
(a) The Supreme Court of India is a Court of Record.
(b) High Courts in India are Courts of Record.
(c) Subordinate Courts in India are Courts of Record.
(d) All Courts in India are not Courts of Record.
Consider the following statements :
a) Under Article 124(4) of the Indian Constitution, a Supreme Court Judge can be impeached.
b) The ground for impeachment of a Judge pertains to 'incapacity and proven misbehavior'.
c) A minimum of 100 MPs are required to initiate the impeachment motion in the Lok Sabha.
d) The President can pardon the Judge.
Which of the following statements are IN CORRECT?