What is Difference between authority of reported and unreported judgment in india?
The difference between reported and unreported judgments in India primarily relates to their publication, accessibility, precedent value, and impact within the legal system:
Reported Judgments:
These judgments are published in official law reports or legal journals.
They usually involve important legal principles, new interpretations of the law, or constitutional issues.
Reported judgments are binding as precedents on lower courts and serve as authoritative references for future cases.
They are widely accessible to the public and legal professionals through law reports, legal databases, and journals.
Reported judgments help ensure consistency and development in the interpretation and application of the law.
Examples include landmark Supreme Court decisions like Kesavananda Bharati v. State of Kerala.
Unreported Judgments:
These are judgments that are not published in official law reports or journals.
Generally, they involve the application of existing laws without establishing new legal principles.
Unreported judgments have limited precedent value, typically concerned with the resolution of specific disputes.
Although not widely disseminated, they are still legally binding and can be accessed through court records or legal databases.
Their binding nature under the Constitution remains, but they are less cited or relied upon compared to reported judgments.
They may be less known, requiring thorough research to uncover.
Legal Authority:
Both reported and unreported judgments are binding under Article 141 of the Indian Constitution, which states that the law declared by the Supreme Court shall be binding on all courts.
The distinction largely serves an editorial and practical purpose by highlighting judgments that contribute significantly to legal development versus those resolving individual cases.
Unreported judgments, while binding, do not carry the same widespread authoritative influence as reported judgments but can be cited if relevant.