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Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary

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

In plain words

The law declared by the Supreme Court is binding on all courts in India.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 141 makes the law declared by the Supreme Court binding on all courts in India. It is the constitutional basis of precedent: what the Court decides as a principle of law must be followed by every High Court and subordinate court.

What binds

The ratio decidendi, the principle of law necessary for the decision, binds. Observations not necessary for the decision (obiter dicta) carry persuasive weight, and considered obiter of the Supreme Court is usually followed. A decision on its own facts without laying down a principle is not a binding precedent.

Bench strength

A decision of a larger bench binds smaller benches. A bench of equal strength that disagrees must refer the question to a larger bench rather than overrule.

Not binding on the Supreme Court itself

The Supreme Court can reconsider its own decisions. A decision given per incuriam, in ignorance of a binding statute or precedent, does not have binding force.

Key Supreme Court rulings

  • M/S Bajaj Allianz General Insurance Co. Ltd. v. Rambha Devi 2024 INSC 840

    Explained that Article 141 binds all courts but not the Supreme Court itself, which may reconsider its judgments, and discussed the per incuriam principle where a decision overlooks a plain statutory provision or binding authority.

Common mistakes

  • Treating every observation as binding ratio.
  • A smaller bench refusing to follow a larger bench.

Read with: Article 142 Constitution, Article 144 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 141