Unveiling Articles 141 to 147 of the Indian Constitution: A Discourse on Judicial Precedence and Constitutional Interpretation

Unveiling Articles 141 to 147 of the Indian Constitution: A Discourse on Judicial Precedence and Constitutional Interpretation

Introduction:

The Indian Constitution, a living document that guides the nation's governance, includes a remarkable set of provisions delineating the role and significance of judicial precedents in shaping the legal landscape. Articles 141 to 147 shed light on the authoritative nature of Supreme Court judgments, their binding effect, and the hierarchy of courts in India. In this article, we engage in a discussion about these articles, exploring their significance through relevant case laws that have shaped India's legal system.

Article 141: The Law declared by the Supreme Court to be binding on all courts

Article 141 serves as a cornerstone in establishing the doctrine of binding judicial precedent in India. It states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. This provision ensures consistency, stability, and uniformity in the interpretation and application of the law across the country.

Notable Case Law:

One landmark case that exemplifies the authority of Article 141 is the Kesavananda Bharati v. State of Kerala (1973) case. The Supreme Court, in this historic judgment, propounded the doctrine of basic structure, which holds that certain fundamental features of the Constitution are beyond the amending power of the Parliament. This ruling, as per Article 141, became binding on all courts and continues to shape constitutional interpretation in India.

Article 142: Enforcement of decrees and orders of the Supreme Court

Article 142 empowers the Supreme Court to pass decrees and orders necessary for complete justice. It grants the court wide discretionary powers to remedy injustices, provide appropriate relief, and enforce its judgments effectively.

Notable Case Law:

One significant instance of the Supreme Court exercising its powers under Article 142 is the Vineet Narain v. Union of India (1998) case. In this judgment, the court took cognizance of the need to combat corruption and issued directives known as the "Lokayukta judgment." It laid the foundation for the establishment of anti-corruption ombudsman institutions across the country, emphasizing the court's commitment to eradicating corruption and ensuring good governance.

Article 143: Advisory jurisdiction of the Supreme Court

Article 143 vests the President with the power to seek the Supreme Court's opinion on questions of law or fact that are of public importance or require constitutional interpretation. The court's opinion, while not binding, carries persuasive value.

Notable Case Law:

A case of substantial significance involving the advisory jurisdiction of the Supreme Court is the S.R. Bommai v. Union of India (1994) case. The President sought the court's opinion regarding the validity of the imposition of President's Rule in states. The court, in its opinion, elucidated the principles governing the exercise of such powers, emphasizing federalism and the importance of elected governments. Although the opinion was not binding, it played a crucial role in shaping the interpretation of the Constitution and the exercise of executive powers.

Articles 144 to 147: Miscellaneous provisions related to the Supreme Court

Articles 144 to 147 outline various procedural and administrative aspects concerning the functioning of the Supreme Court, including its appellate jurisdiction, the appointment and qualifications of judges, and the powers of the Chief Justice.

Notable Case Law:

In the Supreme Court Advocates-on-Record Association v. Union of India (2015) case, the court, while interpreting Article 145, clarified that the Chief Justice has the sole prerogative to constitute benches and allocate cases to judges. This ruling reinforced the independence of the judiciary and established the authority of the Chief Justice in managing the court's affairs.

Conclusion:

Articles 141 to 147 of the Indian Constitution embody the importance of judicial precedents, the binding effect of Supreme Court judgments, and the framework for the functioning of the judiciary. Through the lens of relevant case laws, we have explored the practical implications of these articles, showcasing their significance in shaping India's legal system.

The Indian judiciary, particularly the Supreme Court, plays a pivotal role in interpreting and safeguarding the Constitution. Article 141, by establishing the binding nature of Supreme Court judgments on all courts within the country, ensures uniformity in the application of the law. The Kesavananda Bharati case is a landmark example where the Supreme Court's ruling on the doctrine of basic structure not only became binding but also had a profound impact on subsequent constitutional interpretation.

Article 142 empowers the Supreme Court with discretionary powers to enforce its decrees and orders effectively. In the Vineet Narain case, the court's exercise of its powers under Article 142 led to the establishment of anti-corruption ombudsman institutions, highlighting the court's commitment to addressing pressing societal issues and ensuring good governance.

The advisory jurisdiction of the Supreme Court under Article 143 allows the President to seek the court's opinion on matters of public importance. While not binding, such opinions carry persuasive weight. The S.R. Bommai case exemplifies the court's advisory role, where its opinion on the imposition of President's Rule shaped the understanding of federalism and the exercise of executive powers.

Articles 144 to 147 encompass miscellaneous provisions pertaining to the Supreme Court's functioning. The Supreme Court Advocates-on-Record Association case emphasized the Chief Justice's prerogative in constituting benches and allocating cases, reinforcing the judiciary's independence and the Chief Justice's administrative authority.

In conclusion, Articles 141 to 147 of the Indian Constitution lay the foundation for the functioning of the judiciary, the doctrine of binding judicial precedent, and the Supreme Court's advisory jurisdiction. Through landmark case laws, we have witnessed the trans-formative power of these articles in shaping India's legal landscape. The ongoing evolution of judicial precedents, as guided by these articles, ensures the country's legal system remains dynamic, just, and responsive to the changing needs of society.