
Supreme Court reminds all courts that judicial discipline requires applying binding precedents under Articles 141 and 144 of the Constitution.
Case in NewsCourts must apply binding precedents strictly, said the Supreme Court of India reaffirming that judicial discipline and hierarchy are the backbone of the rule of law . |
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Case Overview
Case Name: Rohan Vijay Nahar vs. State of Maharashtra
A Bench of Justice Vikram Nath and Justice Prasanna B. Varale of the Supreme Court of India delivered a significant ruling on judicial discipline . The matter involved 96 civil appeals challenging a Bombay High Court judgment that upheld revenue mutations treating private lands as vested forests under the Maharashtra Private Forests (Acquisition) Act, 1975 . The apex court found that the High Court had ignored the binding precedent set in Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra, thereby breaching the discipline required under Articles 141 and 144 of the Constitution .
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Key Aspects
The Court strongly emphasized that obedience to binding precedent ensures unity and predictability in law . Judicial hierarchy functions effectively only when lower courts apply decisions faithfully rather than attempting to evade them .
- The Bombay High Court sustained land mutations based on old Section 35(3) notices under the Indian Forest Act, 1927, which were never duly served .
- The High Court wrongly attempted to distinguish the precedent in Godrej & Boyce disregarding its binding nature .
- The Supreme Court held that distinguishing a precedent superficially amounts to sidestepping the rule of law .
- The Bench reiterated that “the judiciary draws its strength from discipline, not dominion.”
Legal Insights
The judgment reinforced key constitutional and legal provisions that govern judicial conduct . It clarified that following binding precedent is not optional but a constitutional obligation .
- Article 141, Constitution of India – The law declared by the Supreme Court of India is binding on all courts within the territory of India .
- Article 144, Constitution of India – All civil and judicial authorities must act in aid of the Supreme Court and give effect to its directions .
- Section 35(3), Indian Forest Act, 1927 – Deals with the issuance of notices concerning forest conservation; however stale or unserved notices cannot vest ownership .
- The Court reaffirmed the doctrine of stare decisis et non quieta movere, meaning “to stand by decisions and not to disturb settled matters .”
- A judge who disagrees with a precedent must still apply it, recording reasons only to refer it to a larger Bench if reconsideration is needed .
Court’s Verdict
The Supreme Court of India allowed the batch of civil appeals, setting aside the Bombay High Court judgment. It ruled that vesting under the Maharashtra Private Forests (Acquisition) Act, 1975 could not rely on outdated notices or mutation entries . The Court reaffirmed that judicial discipline under Articles 141 and 144 is a constitutional duty and that distinguishing a precedent merely in form violates the rule of law .
Source – Supreme Court of India
Read also – Constitution of India
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