Obiter dicta or obiter dictum
Meaning- Pronouncement of law in the judgement, which are not part of the ratio decidendi are known as obiter dicta and they are not authoritative or binding on the subordinate courts. Obiter dicta means something said by the judge in the course giving judgement, which does not have any binding authority.
According to keeton, obiter dictum are observation made by the judge which are not essential for the decision reached.
Goodhart defines obiter dicta as "a conclusion based on fact the existence of which has not been determined by the courts".
In Jaiwant Rao vs State of Rajasthan the court observed that a dicta does not form the integral part of the chain or reasoning directed to the question decided may be regarded as ' obiter'.
In Marta Silva vs. Piederde Cardoso, it was held that in the course of a suit many incidental questions arise indirectly connected with the main question for consideration, the observation on such question whether casual or of collateral relevance are known as 'obiter dicta'.
In the course of judgement,a judge may make various observations which are not precisely relevant to the issues before him.whatever said by the court by the way of the statements of law which lay down a rule but which is necessary for the purpose in hand are called obiter dicta.
Obiter dicta have the force of persuasive authority and are not binding upon the courts. The court may seek help from them but they are not bound to follow them.
Though obiter dicta is not considered as authoritative and lacks status of law, but it cannot be dismissed as insignificant. It may help to rationalize the law and also serve to suggest solution to problems not yet decided by the courts. It receives attention as being an option of higher authority
In Marta Silva vs. Piederde Cardoso, it was held that in the course of a suit many incidental questions arise indirectly connected with the main question for consideration, the observation on such question whether casual or of collateral relevance are known as 'obiter dicta'.
In the course of judgement,a judge may make various observations which are not precisely relevant to the issues before him.whatever said by the court by the way of the statements of law which lay down a rule but which is necessary for the purpose in hand are called obiter dicta.
Obiter dicta have the force of persuasive authority and are not binding upon the courts. The court may seek help from them but they are not bound to follow them.
Though obiter dicta is not considered as authoritative and lacks status of law, but it cannot be dismissed as insignificant. It may help to rationalize the law and also serve to suggest solution to problems not yet decided by the courts. It receives attention as being an option of higher authority
