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CMA Intermediate · Business Laws and Ethics · Introduction to Law and Legal System in India

Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts within India. Which of the following best illustrates the role of this provision as a source of law?

A High Court must follow a Supreme Court ruling on a point of law, even if it disagrees. Article 141 makes the law declared by the Supreme Court binding on all courts in India, so judicial precedent works as a source of law.

  1. AA High Court must follow the Supreme Court's ruling on a point of law, even if it would have decided differentlyCorrect
  2. BA District Court may ignore a Supreme Court ruling if a local custom differs
  3. CThe Supreme Court is bound by every High Court decision on the same point
  4. DA Tribunal may follow a Supreme Court ruling only if the Government approves

Explanation

Article 141 makes the law declared by the Supreme Court binding on all courts in the territory of India. Hence a High Court must follow it regardless of its own view. Courts below cannot set it aside for custom, and the Supreme Court is not bound by High Court decisions.

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