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.
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“…......... 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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