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Report No. 136

2.3. Article 141 of the Constitution.-

Article 141 of the Constitution declares that the law declared by the Supreme Court shall be binding on all courts and authorities within India. This article, in one of its aspects, is intended to reinforce the supremacy of the Supreme Court as an institution having its sway all over India, and as putting beyond doubt the proposition that its pronouncements are paramount for all courts and authorities.

But, in another of its aspects, it is also intended to promote uniformity, Judicial interpretation, whether it be on a constitutional question or an ordinary question of law, including a judicial pronouncement on a question of uncodified law, once it comes from the Supreme Court, will ensure uniformity for the future all over India. This may appear to be elementary, but is of basic importance when one is concerned with the desire of the Constitution-makers to ensure uniform interpretation.



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