Question

Laws declared by the Supreme court shall be binding on all courts – mentioned under

• A. Art.142
• B. Art. 143
• C. Art.136
• D. Art.141

Hint:

Associate \textbf{Article 141} with \textbf{Binding Precedent}. It establishes the Supreme Court as the final arbiter of law, whose declarations of law must be followed by every other court in the country, ensuring legal uniformity and certainty.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question refers to the constitutional basis for the doctrine of precedent or \textit{stare decisis} in India. This principle mandates that the law laid down by a higher court is binding on all lower courts. The Constitution of India explicitly codifies this for the judgments of the Supreme Court.
Step 2: Detailed Explanation:
Let's analyze the given articles:
\begin{itemize} \item Article 142: Grants the Supreme Court the power to pass such decree or make such order as is necessary for doing "complete justice" in any cause or matter pending before it. \item Article 143: Deals with the Advisory Jurisdiction of the Supreme Court, i.e., its power to give opinions to the President on questions of law or fact. \item Article 136: Deals with the Special Leave to Appeal (SLP) jurisdiction of the Supreme Court. \item Article 141: This article is titled "Law declared by Supreme Court to be binding on all courts." It states: "The law declared by the Supreme Court shall be binding on all courts within the territory of India." This provision is the constitutional foundation of the doctrine of precedent in the Indian legal system. \end{itemize} Thus, Article 141 is the correct provision.
Step 3: Final Answer:
The principle that laws declared by the Supreme Court are binding on all courts is mentioned under Art.141.