Distinguish between Ratio decidendi and Obiter dicta. What are the rules governing binding force of judicial precedents ? Discuss.

Distinguish between Ratio Decidendi & Obiter Dicta Basis of Distinction Ratio Decidendi Obiter Dicta Meaning The reasons for the court's ruling are known as the ratio decidendi. The obiter dicta is a standard remark that may aid in comprehending the circumstances that led to the court's conclusion. Purpose The ratio is the judge's decision on a legal issue, not simply a recitation of the law. Obiter dicta are legal ideas or observations expressed by judges that have no bearing on the result of the case. Enforceability The ratio decidendi has binding authority. Obiter dicta are not legally enforceable. Role Ratio decidendi is a norm of law that the judge openly or implicitly treats as an essential step in reaching the decision. Obiter dicta is a rule of law, stance taken by a judge that was not explicitly or implicitly considered as a required step in obtaining his judgment. Rules Governing binding force of judicial precedents: The decisions of High Court are binding on all the subordinate courts and tribunals within its jurisdiction. The decisions of one High Court have only a persuasive value in a court which is within the jurisdiction of another High Court. But if such decision is in conflict with any decision of the High Court within whose jurisdiction that court is situated, it has no value and the decision of that High Court is binding on the court. In case of any conflict between the two decisions of co-equal Benches, generally the later decision is to be followed. In a High Court, a single judge constitutes the smallest Bench. A Bench of two judges is known as Division Bench. Three or more judges constitute a Full Bench. A decision of such a Bench is binding on a Smaller Bench. One Bench of the same High Court cannot take a view contrary to the decision already given by another co-ordinate Bench of that High Court. Decision of a Division Bench is binding on a single judge of the same High Court. Thus, a decision by a Bench of the High Court should be followed by other Benches unless they have reason to differ from it, in which case the proper course is to refer the question for decision by a Full Bench. The High Courts are the Courts of co-ordinate jurisdiction. Therefore, the decision of one High Court is not binding on the other High Courts and have persuasive value only. The Supreme Court is the highest court and its decisions are binding on all courts and other judicial tribunals of the country. Article 141 of the Constitution makes it clear that the law declared by the Supreme Court shall be binding on all courts within the territory of India. However, it does not mean that every statement in a judgement of the Supreme Court has the binding effect. Only the statement of ratio of the judgement is having the binding force.