Which one of the following is binding on all courts within the territory of India, and not merely a persuasive precedent?
Question and options
Which one of the following is binding on all courts within the territory of India, and not merely a persuasive precedent?
- Decision of one High Court on other High Courts in India
- Law declared by the Supreme Court of India
- Judgments of foreign courts on Indian courts
- Decisions of the Privy Council delivered after 1949
Answer and explanation
Correct answer: B - Law declared by the Supreme Court of India
Article 141 provides that "the law declared by the Supreme Court shall be binding on all courts within the territory of India", so the law it declares is a binding precedent. A decision of one High Court does not bind another High Court and is only persuasive there. Judgments of foreign courts, and Privy Council decisions given after its jurisdiction over India ended in 1949, are only persuasive for Indian courts.
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