The Supreme Court's Own Powers: Articles 137 to 147

In one line

Two of these articles are asked about in every paper: article 141, which makes the Supreme Court's law binding on every court in India, and article 142, which lets it do whatever complete justice requires.

In the wording a student can write in an exam: article 137 gives the Supreme Court power to review its own judgments; article 139 empowers Parliament to confer on it the power to issue writs for purposes other than the enforcement of fundamental rights; article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India; article 142 empowers it to pass such decree or order as is necessary for doing complete justice in any cause or matter pending before it, enforceable throughout the territory of India; article 143 empowers the President to refer a question of law or fact of public importance for its opinion; article 144 requires all civil and judicial authorities to act in aid of the Supreme Court; and articles 145 to 147 deal with rules of court, officers and expenses, and interpretation.

Article 141: precedent

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Fourteen words, and they carry the whole doctrine of precedent in Indian law. Three points make an answer.

"The law declared", not the decision. What binds is the proposition of law the Court lays down, not the result between the parties, and this is where the distinction between the ratio decidendi, the reason for the decision, and obiter dicta, things said by the way, does its work.

"All courts within the territory of India", which includes every High Court, every subordinate court and every tribunal. It does not include the Supreme Court itself: the Court may depart from its own earlier decisions, and article 137 is the machinery by which it reconsiders them.

And it is inherited. Section 212 of the Government of India Act 1935 provided that the law declared by the Federal Court and by any judgment of the Privy Council should be recognised as binding on all courts in British India. Article 141 is that provision with the Privy Council removed.

Article 142: complete justice

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until such provision is made, in such manner as the President may by order prescribe.