Article 141

Submitted by:
Shrey Shalin, B.B.A. L.L.B.
Submitted to:
Vijyant Sir
Faculty of Legal Research Method
This rough draft is submitted in the partial fulfilment in Legal Research
Method for the completion of BBA L.L.B course.

12th August 2019

Chanakya National Law University, Patna

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 1. Introduction

Our judiciary has been strongest judiciary in the world having capability to
handle mind boggling number of cases. Supreme Court will always be
supreme.

These were the last few words of Former Chief Justice of India before retirement

He talked about the superiority of Supreme Court which is derived from Article
141 which states that “Law declared by Supreme Court to be binding on all
courts The law declared by the Supreme Court shall be binding on all courts
within the territory of India”

It is worth while mentioning that the same happens in case of many countries that
the supreme authority of justice is given to Supreme Court of the particular
country

The purpose of the project is to make a clear understanding on the authority and
powers of Supreme Court as the Supreme Saviour of Justice in the Country. The
researcher will highlight the landmark judgements and related controversies with
the same

2. Objectives of Study
i. The researcher wants to highlight on the importance of Article 141
ii. The researcher will find the ways in which the same Article is mentioned
in Constitution of other countries and will make a comparison
iii. The researcher wants to show how did it benefit the country
iv. The researcher wants to show the related controversies and problems
associated with such supremacy of Supreme Court of India
v. The researcher wants to suggest some ways to tackle the issue of
controversies

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 3. Hypothesis
Some judgements even passed by Supreme Court stays biased and one sided and
often supports the sentiments of ruling party which cannot be challenged in any
other court within territory of India and the same has to be followed by every
other court as well

4. Research Methodology

The researcher will do doctrinal type of research in which he will go through the
primary as well as secondary sources. The researcher through this methodology
will be able to get an adjacent picture of the problem in question. The doctrinal
method helps in doing a comparative study of the topic. This methodology helps
in getting idea of supremacy of Supreme Court. This helps in getting the bird’s
eye view of the subject.

5. Sources of Data Collection

i. Internet
ii. Books
iii. Magazines

6. Chapterization
i. Introduction
a. Article 141
b. Precedence
c. Global scene of precedence and comparision
d. Its need
ii. Where has it been taken from
iii. Its history
iv. Role of precedence in strengthening democracy
v. Power and functions of Supreme Court
vi. The territorial authority
vii. Limitations
viii. Controversies and Case analysis
ix. Conclusion and Suggestions

7. Bibliography
The Sources for data collection will be mentioned in this section