Supreme Change Of Mind – The Times of India
That SC has many times overturned its own rulings should be celebrated, not lamented. The 2-judge bench’s critique misses the point. From strengthening fundamental rights to decriminalising gay sex, guaranteeing right to privacy to stopping misuse of sedition, SC reviews have protected citizens
On Wednesday, a two-judge Supreme Court bench observed the court is pained at the “growing trend of revisiting and overturning of its own verdicts by subsequent benches”. Ironically, this obiter dictum came on the day the country commemorated its 75-year-old Constitution, one recognised by SC and jurists as a living document, open to dynamic interpretations with passage of time.
More important, this trend of overturning its own rulings is entirely in conformity with the objective of Article 141 of the Constitution – SC-declared law shall be binding on all courts in India. Surely, a change of view by SC, on a specific legal or constitutional issue, can’t make Article 141 less potent?
