obiter dicta

Obiter dicta (singular: obiter dictum) are observations in a judgment that are not essential to the decision, such as general comments, answers to hypothetical questions, or views on points not argued. They have persuasive, not binding, force under the doctrine of precedent; only the ratio decidendi binds.

Indian law gives more weight to them than English law does. Article 141 makes the “law declared” by the Supreme Court binding on all courts, and the Supreme Court has said that even its obiter, if it is a considered statement of law, is ordinarily binding on High Courts and subordinate courts, though not on the Supreme Court itself.

Example

The observation on the validity of oral wills was obiter dicta, since the case was decided on the ground of limitation.

In Indian law

• Article 141, Constitution of India

See also

ratio decidendi · precedent · stare decisis · sub silentio

Read more in the study notes

• Precedent: ratio decidendi, obiter dicta and binding force (Jurisprudence)
• Precedent and stare decisis in India: Article 141 (Judicial and Legislative Process)
• Duty, obligation and liability, and the sources from which they arise (Legal Concepts)
• The case method of teaching law (Legal Education and Research Methodology)
• Sources of law: legislation, precedent and custom (Legal Methods)
• Methods of study: lectures, textbooks, the case method and technical terms (Legal Methods)