Ratio Decidendi and Obiter Dicta - Kailasha Online Learning.
Obiter dicta and Ratio Decidendi-A tug of war By Dev P Bhardwaj (Download PDF) The Author, Dev. P Bhardwaj is Central Government Standing Counsel. Over the years there have been many questions raised and a lot has been written on the subject on what determines obiter dicta and ratio decidendi.It is a legal phrase which refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgment. Unlike obiter dicta,the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of stare decisis.The rule of law based on hypothetical facts is mere obiter dicta and thus not binding. Not infrequently it is difficult to find out what is the ratio decidendi in the judgement when several propositions are considered by the Court. In short ratio is general rule without which the case would have been decided otherwise.
Distinction between Ratio Decidendi and Obiter Dicta: Ratio decidendi means reason of the decision while obiter dicta mean something said by the judge, by the way, having no binding authority. The difference between the two can be understood better by the case R v.LEGAL MAXIM: OBITER DICTA Our Legal World, According to Article 141 of the Constitution of India, ratio decidendi law notes judiciary notes.
Legal Maxim Ratio Decidendi According to Article 141 of the Constitution of India, the law declared by the Supreme Court reason for decision.
