Business Standard

SC judgment a precedent, even if it says No

There have been occasions when the Supreme Court while giving a decision remarked that this judgment would not be a precedent

Supreme Court of India

Supreme Court of India

Sukumar Mukhopadhyay
I have chosen this subject because, in a recent judgment concerning a woman named Priyanka Sharma, the Supreme Court said that its judgment is a special case and not a precedent. I am here not discussing the merit of the case but only the basic legal issue, as to whether a judgment of the Supreme Court can be taken as precedent when all the facts and circumstances of another case are on all fours, even though the Supreme Court has said that it is not a precedent.
The precedent value of a Supreme Court judgment comes not from the
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of or the Business Standard newspaper

Don't miss the most important news and views of the day. Get them on our Telegram channel

First Published: Jun 30 2019 | 10:17 PM IST

Explore News

To read the full story, subscribe to BS Premium now, at just Rs 249/ month.

Key stories on are available only to BS Premium subscribers.

Register to