How ratio decidendi differs from obiter dicta ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
How ratio decidendi differs from obiter dicta ?
Answer & Explanation:
The underlying principle of a judicial decision, which is only authoritative, is termed as ratio decidendi . The proposition of law which is necessary for the decision or could be extracted from the decision constitutes the ratio. The concrete decision is binding between the parties to it. The abstract ratio decidendi alone has the force of law as regards the world at large. In other words, the authority of a decision as a precedent lies in its ratio decidendi. Where an issue requires to be answered on principles, the principles which are deduced by way of abstraction of the material facts of the case eliminating the immaterial elements is known as ratio decidendi and such principle is not only applicable to that case but to other cases also which are of similar nature. Obiter Dicta The literal meaning of Obiter Dicta Latin expression is "said by the way". The expression is used especially to denote those judicial utterances in the course of delivering a judgement which taken by themselves, were not strictly necessary for the decision of the particular issue raised. These statements thus go beyond the requirement of a particular case and have the force of persuasive precedents only. Judges are not bound to follow them although they can take advantage of them.
Topics: Jurisprudence
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