Article 141 of CoI : Article 141: Law declared by Supreme Court to be binding on all courts.
CoI
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Explanation using Example
Example 1:
Scenario: The Supreme Court of India declares that the right to privacy is a fundamental right under the Constitution of India.
Application: Following this declaration, a lower court in Delhi is hearing a case where an individual's private data was leaked by a company without consent. The lower court must apply the Supreme Court's ruling on the right to privacy and rule in favor of the individual, recognizing the violation of their fundamental right to privacy.
Example 2:
Scenario: The Supreme Court of India rules that triple talaq (instant divorce) is unconstitutional and invalid.
Application: A family court in Mumbai is dealing with a case where a husband has given his wife triple talaq. The family court must follow the Supreme Court's ruling and declare the triple talaq invalid, ensuring that the wife’s marital status remains unchanged and she retains her legal rights as a wife.
Example 3:
Scenario: The Supreme Court of India decides that reservations in promotions for government jobs are permissible under certain conditions.
Application: A High Court in Karnataka is hearing a case where a government employee is challenging the reservation in promotions policy of the state government. The High Court must adhere to the Supreme Court's decision and evaluate the policy based on the conditions laid down by the Supreme Court, ensuring that the policy complies with the constitutional guidelines.
Example 4:
Scenario: The Supreme Court of India rules that the practice of manual scavenging is illegal and orders strict enforcement of laws prohibiting it.
Application: A district court in Uttar Pradesh is dealing with a case where a municipality is accused of employing manual scavengers. The district court must follow the Supreme Court's ruling and hold the municipality accountable, ensuring that the practice is stopped and the laws are enforced.
Example 5:
Scenario: The Supreme Court of India declares that Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts, is unconstitutional.
Application: A lower court in Chennai is hearing a case where two adults are being prosecuted under Section 377 for consensual homosexual acts. The lower court must dismiss the charges against the individuals, following the Supreme Court's ruling that such acts are not criminal offenses.