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Smita_L01042008 (student)     06 June 2011

Powers of higher courts

Dear Members, Please guide whether the Apex court has power to give new rules or any addition, modification to the existing laws by way of its judgement. Does these Judgements of Apex court has binding force and above the existing laws? Regards to all members


 2 Replies

pratik (self working)     06 June 2011

No Any High Court or Supreme Court has no power as per the Indian Consitution to amend the Act or Rules. 

kirtirani sole (Student)     06 June 2011

Judicial decisions have very strong binding force. In jurisprudential language it is called as "Doctrine of Precedent" . A precedent is a statement of law found in a judicial decision of a High Court or a superior Court, meant to be followed by the same courts as also by subordinate courts.

Indian Constitution supports to the Doctrine of Precedent u/Art 141 & it provides that ' the law declared by the Supreme Court  shall be binding on all courts within the territory of India.'  But S.C has power & authority to overrule its own earlier decisions.

Precedent can be classified into 1. i Original ii. Declaratory & 2. i. authoritative ii. persuasive

1. i. Original - which creat or establish new rule of law.

     ii. Declaratory - which is only declaratory of existing law.

2.  i. Authoritative-  which are binding upon judges who interprete the law & which can be source of law.

      ii. Persuasive -  They being only of a guiding charachterare not considered as legal source of law..


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