Published on: 10 September 2023 at 22:44 IST
Court: Supreme Court of India
Citation: Jarnail Singh V. Lachhmi Narain Gupta (2022)
Honourable Supreme Court of India has held that Obiter dictum is a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential. It is held that an “obiter dictum” is a remark made or opinion expressed by a Judge, in his decision upon a cause, “by the way”—that is, incidentally or collaterally, and not directly upon the question before the court; or it is any statement of law enunciated by the Judge or court merely by way of illustration, argument, analogy, or suggestion.
In the common speech of lawyers, all such extra-judicial expressions of legal opinion are referred to as “dicta”, or “obiter dicta”, these two terms being used interchangeably.”
61. It is a well-settled proposition that only the ratio decidendi can act as the binding or authoritative precedent. Reliance placed on mere general observations or casual expressions of the Court, is not of much avail. [Girnar Traders v. State of Maharashtra, (2007) 7 SCC 555] Therefore, the casual and unnecessary observation in M.A. Murthy [M.A. Murthy v. State of Karnataka, (2003) 7 SCC 517 : 2003 SCC (L&S) 1076] that there shall be no prospective overruling unless it is so indicated in a particular decision is obiter and not binding.
Moreover, in M.A. Murthy [M.A. Murthy v. State of Karnataka, (2003) 7 SCC 517 : 2003 SCC (L&S) 1076] , this Court failed to consider the ratio of the judgment of this Court in Ashok Kumar Gupta [Ashok Kumar Gupta v. State of U.P., (1997) 5 SCC 201 : 1997 SCC (L&S) 1299] , even after referring to it. As stated above, the prospective overruling of Rangachari [Southern Railway v. Rangachari, (1962) 2 SCR 586 : AIR 1962 SC 36] by Indra Sawhney [Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 : 1992 SCC (L&S) Supp 1] was upheld in Ashok Kumar Gupta [Ashok Kumar Gupta v. State of U.P., (1997) 5 SCC 201 : 1997 SCC (L&S) 1299] .
Drafted By Abhijit Mishra