Q: Discuss Article 141 of Indian Constitution ?
Ans: Article 141 of the Indian Constitution states that, "the law declared by Supreme Court shall be binding on all the courts within territory of India." This article recognizes the role of the Supreme Court to alter the law, in course of its function to interpret legislation, in order to bring the law in harmony with social changes. This doctrine of precedent provides finality and adherence to previous judgments, and also ensures consistency in the application of law. The binding part of a judgment is the ratio and not any finding on facts, or an opinion of Court which is not central to dispute. It has been observed that only principles of law that emanates from judgment of Supreme Court which have aided the Court in reaching the conclusion of the problem are binding precedents.
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