13 February, 2016

WHETHER JUDGMENTS OF HIGH COURT ARE BINDING AS PRECEDENTS

Like Article 141 empowering the Supreme Court to declare the law and making its precedents binding on all the Courts, there is no specific provision directly empowering the High Court to declare the law and making its decisions binding on its subordinate Courts. But it is well settled that the Courts from a State subordinate to a High Court from that State are bound by its decisions. Question is as to what is the basis for this settled law.
Answer to this question can be found in the decision of Honourable Supreme Court decision in M/s. East India Commercial Co. Ltd. Calcutta and another V/s. Collector of Customs, Calcutta.
- “…......... We, therefore, hold that the law declared by the highest court in the State is binding on authorities or tribunals under its superintendence, and that they cannot ignore it either in initiating a proceeding or deciding on the rights involved in such a proceeding. If that be so, the notices issued by the authority signifying the launching of proceedings contrary to the law laid down by the High Court would be invalid and the proceedings themselves could be without jurisdiction.”

 The doctrine of precedent as has been applicable to the decision of the parent High Court is not applicable to the decision of other High Courts as constitutionally they have no supervisory powers over the Courts of lower judiciary in other States. The above discussion in respect of constitutional provisions making a precedent of a parent High Court binding on the Courts of the lower judiciary are concerning its subordinate courts in view of the above discussed provisions and hierarchy of Courts. Hence the doctrine of precedent cannot be applicable to the decisions of other High Courts. However, the decisions of other High Courts have persuasive value and can be used as advisory, if on the same point, there is no decision of a parent High Court.

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