All observations of judges not binding on lower courts: SC

All observations of judges not binding on lower courts: SC 20 Dec 2007, 1916 hrs IST,PTI


The Supreme Court has ruled that neither everything that a judge says constitutes a precedent, nor does the observation of a superior court has a binding effect on the subordinate judiciary. Reliance by courts on an earlier decision without looking into the factual background of the case before it is not permissible, a bench of Justices Arijit Pasayat and P Sathasivam observed. The ruling comes at a time when there is considerable confusion as to whether courts can entertain PILs following the recent observations by a two-judge bench of the apex court criticising the judiciary for its "over-reach" in the executive and legislative domain. "The only thing in a judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi (general rule binding on lower courts)," the apex court said. The apex court passed the ruling while quashing a Karnataka High Court judgement in which it had ruled that ownership of some trees in forests was vested with their "owners" and not the state government. The High Court decided the issue in favour of private individuals by relying upon certain observations in another case, following which the State moved the apex court.