According to which Article of the Constitution of India, the law declared by the Supreme Court shall be binding on all Courts within the territory of India?

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

Consider the following provisions : a. According to Article 21 of the Indian Constitution, no person shall be deprived of his life or personal liberty except according to the ‘due process of Law’. b. According to Article 20 (2) of the Indian Constitution, no person shall be prosecuted and punished for the same offense more than once. c. According to Article 14 of the Indian Constitution, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Which of the provisions given above is not correct?

A

a

B

b

C

c

D

None of the abve

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

Courts including Supreme Courts

B

Courts and Tribunals

C

Judicial Courts

D

Courts excluding Supreme Court

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

Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?

A

1 and 2

B

2 and 3

C

1 and 4

D

1, 2, 3 and 4

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 of the following subject matters Articles Related to Supreme Court is correctly stated with their respective Article no.? 139. Conferment on the Supreme Court of powers to issue certain writs 140. Transfer of certain cases 140A. Ancillary powers of Supreme Court 139A. Law declared by Supreme Court to be binding on all courts

A

1 only

B

4 only

C

2 and 3

D

1 and 4

The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below:

A

1, 2 and 4 only

B

2 and 4 only

C

1 and 3 only

D

2, 3 and 4

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

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

According to which Article of the Constitution of India, the law declared by the Supreme Court shall be binding on all Courts within the territory of India?

Related Questions