As per Article 141 of the Constitution of India, the law declared by the Hon'ble Supreme Court is binding on all High Courts, sub-ordinate courts, Tribunals, Quasi-judicial authorities, Commissions etc. Although in theory it seems a very nice preposition however practically there are lot of Ifs and Buts. The are numerous scenario where the weight of a precedent may diminish. Further, it is the ratio-decidendi (principle) which is binding and not the entire dictum as every case has its own peculiarities.
Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
(Querist) 12 January 2022
Expert Bhardwaj very well explained.it all depends on how the Court entertains the it's & Buts. Thanks