obiter dictum - Indian Laws - General

Meaning of word obiter dictum As against the ratio decidendi of a judgment, an obiter dictum is an observation by a court on a legal question which may not be necessary for the decision pronounced by the court. However, the obiter dictum of the Supreme Court is binding under Article 141 to the extent of the observations on points raised and decided by the Court in a case. Although the obiter dictum of the Supreme Court is binding on all courts, it has only persuasive authority as far as the Supreme Court itself is concerned. (SECUNDRABAD CLUB ETC. VERSUS C.I.T. -V ETC.- 2023 (8) TMI 925 - SUPREME COURT) DEVAS EMPLOYEES MAURITIUS PVT. LTD.- ( 2023 (3) TMI 839 - DELHI HIGH COURT) An obiter dictum has been understood to be an observation by the Court on a legal question which arose before the Court in the case before it, but not in a manner to necessarily require a decision. It may constitute the opinion or viewpoint of a Judge which is not necessary for the final determination of the issue. As a general rule, statements that do not constitute the ratio of a decision are considered to constitute obiter dictum . Judicial propriety, dignity and decorum demands that even an obiter dictum , or pronouncements and observations of the Apex Court that do not strictly constitute the ratio of a judgment delivered by the Supreme Court of India, although not strictly binding, ought to be accepted as binding by courts subordinate to the Supreme Court.